Madras High CourtCRL OP(MD)/20931/2023disposed of

J.Vasanthakumar @ Vasanth v. The Deputy Superintendent Of Police

2023-11-22Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.20931 of 2023 J.Vasanthakumar @ Vasanth ... Petitioner/2nd Accused Vs.

1. The Deputy Superintendent of Police, Tiruchendur Sub Division, Tiruchendur, Thoothukudi District.

2. The Inspector of Police, Arumuganeri Police Station, Arumuganeri, Thoothukudi District.

(Crime No.274/2023).. ...Respondents No.1 & 2/Complainants

3. Velkumar ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Sessions Judge, Special Court for SC/ST (POA) Act, Thoothukudi, to consider the bail application of the petitioner on the same day of his surrender in Crime No.274/2023 on the file of the respondents No.1 and 2 Police.

For Petitioners : Mr.N.Pragalathan For R1 and R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) 1/4

O R D E R This petition has been filed to direct the learned Sessions Judge, Special Court for SC/ST (POA) Act, Thoothukudi, to consider the bail application of the petitioner on the same day of his surrender in Crime No.274/2023 on the file of the respondents No.1 and 2 Police. 2.The petitioner is the accused persons in Crime No.274 of 2023 on the file of the 2nd respondent Police for the offences punishable under Sections 143, 294(b), 323, 355, 506(ii) of IPC and Sections 3(1)(r), 3(1) (s), 3(2)(va) 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. He would submit that injured is discharged from the hospital and no previous case is pending against the petitioner.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 2/4

1)The petitioner shall appear before the learned Sessions Judge, Special Court for SC/ST (POA) Act, Thoothukudi, 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.

22.11.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The Sessions Court, Special Court for SC/ST (POA) Act, Thoothukudi 2.The Deputy Superintendent of Police, Tiruchendur Sub Division, Tiruchendur, Thoothukudi District.

3.The Inspector of Police, Arumuganeri Police Station, Arumuganeri, Thoothukudi District.

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

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