Madras High CourtCRL OP(MD)/21182/2023partly allowed

Gokulakannan v. The Deputy Superintendent Of Police

2023-11-27Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.ILANGOVAN

1. Gokulakannan

2. Gowtham @ Prabhakaran

3. Balasingam

4. Sadachi Karuppan ... Petitioners Vs

1. The Deputy Superintendent Of Police, Melur Sub Division, Madurai District.

2. The Inspector of Police, Melavalavu Police Station, Madurai District. Cr.No.268/2023.

3. Suresh ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the Special Court for Exclusive Trial of Cases under SC/ST(POA) Act 1989, Ramanathapuram to consider the bail application of the petitioners in connection with the FIR in Cr.No.268/2023 on the file of the R2 police For Petitioners : Mr. M.S.Jeyakarthik 1/5

For R1 and R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition had been filed to direct the learned Judge, Special Court for Exclusive Trial of Cases under SC/ST(POA) Act 1989, Ramanathapuram to consider the petitioners bail applications on the same day of surrender in Crime no.268 of 2023. 2.The petitioners are accused in Crime No.268 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 147, 148, 452, 324, 427 IPC and Sections 3(1)(r), 3(1)(s), 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 and submitted that the second petitioner is having two previous cases of assault nature in his credit. 4.Considering the bad antecedents of the second petitioner, this petition stands dismissed with respect to the second petitioner. 2/5

5.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders only in respect of A1, A3, A4:- 1)The petitioners A1, A3, A4 shall appear before the learned Judge, Special Court for Exclusive Trial of Cases under SC/ST(POA) Act 1989, Ramanathapuram, 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 A1, A3, A4 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 partly allowed in respect of petitioners A1, A3, A4. 27.11.2023 NCC:Yes/No Internet:Yes/No Index:Yes/No PNM 3/5

To 1.The Judge, Special Court for Exclusive Trial of Cases under SC/ST(POA) Act 1989, Ramanathapuram

2. The Deputy Superintendent Of Police, Melur Sub Division, Madurai District.

3. The Inspector of Police, Melavalavu Police Station, Madurai District. Cr.No.268/2023.

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

4/5

G.ILANGOVAN, J.

PNM ORDER IN 27.11.2023 5/5