Madras High CourtCRL OP(MD)/20739/2023disposed of

Pandi @ Karuthapandi v. The Deputy Superintendent 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.20739 of 2023 Pandi @ Karuthapandi ... Petitioner/2nd Accused Vs.

1.The Deputy Superintendent of Police, Cheranmahadevi, Tirunelveli District.

2.The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

(Crime No.373 of 2023)

...Respondents No.1 and 2/

Complainants 3.Mariappan @ Mahesh ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the special Court for Trial of cases under SC/ST (POA) Act, Tirunelveli District, to consider and dispose of the bail application to be filed by the petitioner on the same day of its filing on his surrender in connection with the case in Crime No.373 of 2023 on the file of the Inspector of Police, Veeravanallur Police Station, Tirunelveli District. 1/4

For Petitioner : Mr.R.Anand For R1 & R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) O R D E R This petition has been filed to direct the Special Court for Trial of cases under SC/ST (POA) Act, Tirunelveli District, to consider and dispose of the bail application to be filed by the petitioner on the same day of its filing on his surrender in connection with the case in Crime No. 373 of 2023 on the file of the Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

2.The petitioner is the accused persons in Crime No.373 of 2023 on the file of the 2nd respondent Police for the offences punishable under Sections 341, 342, 294(b), 323, 324, 506(ii) of IPC and 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), accepts notice for the respondents 1 and 2. He would submit that no previous case is pending against the petitioner. 2/4

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioner shall appear before the Special Court for Trial of cases under SC/ST (POA) Act, Tirunelveli District, 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 petitioner and pass orders on merits on the same day of their 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.

20.11.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The Special Court for Trial of cases under SC/ST (POA) Act, Tirunelveli District.

2.The Deputy Superintendent of Police, Cheranmahadevi, Tirunelveli District.

3.The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

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

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