Madras High CourtCRL OP(MD)/20705/2023disposed of

Aswin @ Aswin Yogesh v. The Inspector Of Police

2023-11-20Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.20705 of 2023 1.Aswin @ Aswin Yogesh 2.Wasim @ Mohammed Wasimkhan ... Petitioners/Accused Nos.1 and 2 Vs.

1.The Deputy Superintendent of Police, Theni, Theni District.

...1st Respondent/Complainant 2.The Inspector of Police, Thenkarai Police Station, Theni District.

(In Crime No.417 of 2023).

...2nd Respondent/Complainant 3.Raja ...3rd Respondents/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court/PCR, Theni District, to accept the surrender of the petitioners along with bail application in Crime No. 417 of 2023 on the file of the 2nd respondent Police herein and to consider and the dispose the bail application on the same day on merits. For Petitioners : Mr.J.Milton Arul Rajendran For Respondents : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) 1/4

O R D E R This Criminal Original Petition is filed, seeking direction to the Special Court/PCR, Theni District, to accept the surrender of the petitioners along with bail application in Crime No. 417 of 2023 on the file of the 2nd respondent Police herein and to consider and the dispose the same on the same day on merits.

2.The petitioners are the accused persons in Crime No.417 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 506(i) IPC r/w. Sections 3(1)(r), 3(1)(s) and 3(2) (Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl.side), would submit that after completion of investigation, penal provision under the Special Act, has been deleted.

4. Recording the submissions made by the learned Government Advocate (Crl.Side), liberty is granted to the petitioner to workout their remedy through appropriate proceedings before the concerned Court or Bench as the case may be.

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5.With the above siad liberty, this Criminal Original Petition is disposed of.

20.11.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu To 1.The Deputy Superintendent of Police, Theni, Theni District.

2.The Inspector of Police, Thenkarai Police Station, Theni District.

(In Crime No.417 of 2023).

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

Indu 20.11.2023 4/4