Madras High CourtCRL OP(MD)/21572/2023disposed of

Velraj v. The Deputy Superintendent Of Police

2023-11-30Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:30.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN

1. Velraj

2. Sivakumar

3. Kasilingam

4. Dhanalakshmi .. Petitioners / Accused Nos.1 to 4 Vs.

1.The Deputy Superintendent of Police, Theni Division, Theni District.

2.The Inspector of Police, Palanichettypatti Police Station, Theni District.

(Crime No.539 of 2023) 3.Murugeshwaran ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to issue a direction, directing the Special Additional Sessions Judge(Spl.Court for SC/ST(POA) Act Cases, Theni, Theni District to consider the petitioners bail application on the same day of their surrender in Crime No.539/2023 on the file of the 2nd respondent police.

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For Petitioners : Mr.S.Poornachandran For R1 & R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side)

ORDER

This Criminal Original Petition is filed to issue a direction, directing the Special Additional Sessions Judge(Spl.Court for SC/ST(POA) Act Cases, Theni, Theni District to consider the petitioners bail application on the same day of their surrender in Crime No.539/2023 on the file of the 2nd respondent police.

2.The petitioners are the accused persons in Crime No.539 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 341 and 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) Act, 2015.

3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. side), accepts notice for the respondents 1 and 2. Nobody sustained injury. Accused Nos.1 and 2 are having previous cases, but not in similar nature.

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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 Special Additional Sessions Judge(Spl.Court for SC/ST(POA) Act Cases, Theni, Theni 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 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.

30.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn 3/4

G.ILANGOVAN , J.

pnn To 1.The Special Additional Sessions Judge (Spl.Court for SC/ST(POA) Act Cases, Theni, Theni District. 2.The Deputy Superintendent of Police, Theni Division, Theni District.

3.The Inspector of Police, Palanichettypatti Police Station, Theni District. (Crime No.539 of 2023) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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