Madras High CourtCRL OP(MD)/20674/2023disposed of

Krishnamoorthy v. The Deputy Superintendent Of Police

2023-11-17Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Krishnamoorthy 2.Anjali ... Petitioners/Accused No.2 & 3 Vs.

1.The Deputy Superintendent of Police, Karur District.

2.State represented by The Sub Inspector of Police, All Women Police Station, Kulithalai, Karur District.

(Crime No.21 of 2023) ... 1st and 2nd Respondents/Complainants 3.Archana ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Principal Sessions Judge, (Special Court for SC/ST Cases), Karur, to accept the surrender and consider the bail application to be filed by the petitioners on the same day on merits in Crime No.21 of 2023 on the file of the 2nd respondent police namely The Sub Inspector of Police, All Women Police Station, Kulithalai, Karur 1/5

District.

For Petitioners : Mr.K.Sudhagar Nagaraj For Respondents : Mr.M.Vaikkam Karunanithi for R1 & R2 Government Advocate (Crl. Side) O R D E R This petition has been filed to direct the learned Principal Sessions Judge, (Special Court for SC/ST Cases), Karur, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No. 21 of 2023 on the file of the 2nd respondent Police.

2.The petitioners are the accused persons in Crime No.21 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 417, 376, 294(b) of IPC and Section 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(1)(w)(ii) and 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015.

3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. side), accepts notice for the respondents 1 and 2. But, the first petitioner in this case was arrested by the respondent police. 2/5

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The second petitioner shall appear before the learned Principal Sessions Judge, (Special Court for SC/ST Cases), Karur, within a period of 15 days from the date of receipt of a copy of this order.

2)On such surrender along with notice served to the defacto complainant, the concerned Judge shall consider the bail application filed by the second petitioner and pass orders on merits on the same day of his surrender, after hearing the defacto complainant by complying with Section 15A(3) of the Act.

5.With the above observation, this Criminal Original Petition is disposed of in respect of the second petitioner and this petition is dismissed in respect of the first petitioner, since he was arrested. 17.11.2023 Index : Yes/No Internet : Yes/No vsg/TM 3/5

To 1.The Principal Sessions Judge, (Special Court for SC/ST Cases), Karur. 2.The Deputy Superintendent of Police, Karur District.

3.The Sub Inspector of Police, All Women Police Station, Kulithalai, Karur District.

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

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G.ILANGOVAN. J.

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