Madras High CourtCRL OP(MD)/21678/2023disposed of

K.Ajith v. The Deputy Superintendent Of Police

2023-12-01Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN K.Ajith ... Petitioner Vs.

1.The Deputy Superintendent of Police, Aundipatti Sub Division, Theni.

2.The Inspector of Police, Rajathani Police Station, Theni District, 3.Maniprakash ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C,To direct the learned Special Court for Trial of Cases under SC/ST(POA) Act Theni to accept the surrender of the petitioner and consider his bail application on same day in connection with Cr.No. 269/2023 on the file of the second police.

For Petitioner : Mr.N.Rajasekar For R1 & R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) 1/4

O R D E R This petition has been filed to direct the Special Court for Trial of Cases under SC/ST(POA) Act Theni to accept the surrender of the petitioner and consider his bail application on same day in connection with Cr.No.269/2023 on the file of the second police 2.The petitioner is an accused person in Crime No.269 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323,448,427 of IPC and Section 4 of TNPHW Act and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST(PoA) Act, 2015. 3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. side), accepts notice for the respondents 1 and 2. He would further submitted that the injured has been discharged from the hospital and no previous case against the petitioners.

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 Trial of Cases under SC/ST(POA) Act Theni, within a period of 15 2/4

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.

01.12.2023 Index : Yes/No Internet : Yes/No AAV To

1. The Special Court for Trial of Cases under SC/ST(POA) Act Theni 2.The Deputy Superintendent of Police, Aundipatti Sub Division, Theni.

3.The Inspector of Police, Rajathani Police Station, Theni District, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

G.ILANGOVAN. J.

AAV 01.12.2023 4/4