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Madras High CourtCRL OP(MD)/20991/2023disposed of

Naveen 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.20991 of 2023

1. Naveen

2. Jana

3. Prakash ... Petitioners/Accused 1, 3 and 4 Vs.

1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Manamadurai Sub Division, Sivagangai District.

2. The Inspector of Police, Poovanthi Police Station, Sivagangai District.

(In Crime No.151/2023).

...Respondents No.1 and 2/

Complainant

3. Mathan Kumar ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for the Exclusive trial for SC and ST Cases, Sivagangai, to consider the bail application filed by the petitioners and pass order in the bail application filed by the petitioners on the same date of their surrender in Crime No.151 of 2023 on the file of the second respondent in accordance with law.

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For Petitioners : Mr.K.M.Karunakaran For R1 and 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 the Exclusive trial for SC and ST Cases, Sivagangai, to consider the bail application filed by the petitioners and pass order in the bail application filed by the petitioners on the same date of their surrender in Crime No. 151 of 2023 on the file of the second respondent in accordance with law. 2.The petitioners are the accused persons in Crime No.151 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 341, 294(b), 323 of IPC and Section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. Side), accepts notice for the respondents 1 and 2. He would further submit that injured is discharged from the hospital. The proceedings under Section 107 of Cr.P.C., is initiated against the petitioners. 2/4

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioners shall appear before the Special Court for the Exclusive trial for SC and ST Cases, Sivagangai, 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 petitioners 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 Special Court for the Exclusive trial for SC and ST Cases, Sivagangai.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Manamadurai Sub Division, Sivagangai District.

3. The Inspector of Police, Poovanthi Police Station, Sivagangai District.

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

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