Madras High CourtCRL OP(MD)/20982/2023disposed of

Meiyappan @ Thayalan 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.20982 of 2023 Meiyappan @ Thayalan ... Petitioner/Sole Accused Vs.

1. The Deputy Superintendent of Police, Thiruvidaimarudhur Thanjavur District.

...1st Respondent/ Investigation Officer

2. The Inspector of Police, Thiruvidaimarudhur Police Station, Thanjavur District.

Crime No.658/2023.

...Respondent No.2/Complainant

3. Dr.S.Padmini ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned 1st Additional District and Sessions Judge (Special Court for SC/ST Act Cases), Thanjavur, Thanjavur District, to consider the petitioner's bail application in Crime No.658 of 2023 on the file of the 2nd respondent Police on the same day of his surrender. For Petitioners : Mr.C.Suresh Kannan 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 1st Additional District and Sessions Judge (Special Court for SC/ST Act Cases), Thanjavur, Thanjavur District, to consider the petitioner's bail application in Crime No.658 of 2023 on the file of the 2nd respondent Police on the same day of his surrender.

2.The petitioner is the accused persons in Crime No.658 of 2023 on the file of the 2nd respondent Police for the offences punishable under Sections 294(b), 506(i) of IPC and Sections 3(1)(s), 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and 4 of TNPHW Act, 2002.

3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl.Side), accepts notice for the respondents 1 and 2. He would submit that there is no previous case pending against the petitioner and ther is no injury in this case.

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 1st Additional District and Sessions Judge (Special Court for SC/ST Act Cases), Thanjavur, Thanjavur 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.

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

G.ILANGOVAN. J.

Indu To

1. The learned 1st Additional District and Sessions Judge, (Special Court for SC/ST Act Cases), Thanjavur, Thanjavur District.

2.The Deputy Superintendent of Police, Thiruvidaimarudhur Thanjavur District.

3. The Inspector of Police, Thiruvidaimarudhur Police Station, Thanjavur District.

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

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