Madras High CourtCRL OP(MD)/21071/2023disposed of

Freddy v. The Assistant Commissioner Of Police

2023-11-23Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Freddy 2.Leomartin ... Petitioners/Accused Nos.1 & 2 Vs.

1.The Assistant Commissioner of Police, Thillai Nagar Range, Trichy City.

2.State represented by The Inspector of Police, Woraiyur Police Station, Trichy City.

Crime No.2517 of 2023.

... Respondents 1 & 2/Complainants 3.Muthurathinam ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to accept the surrender of the petitioners before the Special Court for SC/ST (Prevention of Atrocities) Act i.e., The I Additional District and Sessions Judge at Trichy, in connection with the Crime No.2517 of 2023 on the file of the 2nd respondent police and to consider the bail application filed by the petitioners on the same day. 1/5

For Petitioners : Mr.M.Rajarajan 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 I Additional District and Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act, Trichy, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No. 2517 of 2023 on the file of the 2nd respondent Police. 2.The petitioners are the accused persons in Crime No.2517 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 147, 448, 294(b), 323 & 506(i) of IPC and Section 3(1) (r), 3(1)(s) and 3(2)(va) 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 submitted the injured in this case has been discharged from the hospital. There is no previous case against the petitioners. 2/5

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 learned I Additional District and Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act, Trichy, 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.

23.11.2023 Index : Yes/No Internet : Yes/No TM To 1.The I Additional District and Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act, Trichy.

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2.The Assistant Commissioner of Police, Thillai Nagar Range, Trichy City.

3.The Inspector of Police, Woraiyur Police Station, Trichy City.

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

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G.ILANGOVAN. J.

TM 23.11.2023 5/5