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Madras High CourtCRL OP(MD)/22075/2023disposed of

G.Selvakumar @ Selvam v. The Deputy Superintendent Of Police

2023-12-07Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN G.Selvakumar @ Selvam ... Petitioner Vs.

1.The Deputy Superintendent of Police, Srivaikundam Sub-Division, Srivaikundam, Thoothukudi District.

2.The Inspector of Police, Seidunganallur Police Station, Srivaikundam, Thoothukudi District.

(Crime No.104 of 2023) 3.Mundasamy ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the learned Sessions Judge, Special Court for SC/ST (POA)Act, Thoothukudi to consider the bail application of the petitioner on the same day of his surrender in Crime no.104 of 2023 on the file of the 1st and 2nd respondents police. 1/4

For Petitioner : Mr.N.Pragalathan For Respondents : Mr.M.Vaikkam Karunanithi Government Advocate

ORDER

This Criminal Original Petition is filed to direct the learned Sessions Judge, Special Court for SC/ST (POA)Act, Thoothukudi to consider the bail application of the petitioner on the same day of his surrender in Crime no.104 of 2023 on the file of the 1st and 2nd respondents police.

2.The petitioner is the accused persons in Crime No.104 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 147, 148, 341, 294(b), 323, 324, 307, 506(ii) of IPC and Section 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment, 2015.

3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. Side), accepts notice for the respondents 1 and 2. He would further submit that it is a case, case in counter. Injuries sustained by the injured is simple in 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 petitioner shall appear before the learned Sessions Judge, Special Court for SC/ST (POA)Act, Thoothukudi, 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 petitioner and pass orders on merits on the same day of his surrender, after hearing the defacto complainant by complying with Section 15A(3) of the Act. The trial Court shall taken into consider the previous antecedents of the petitioner while passing orders on merits.

5.With the above observation, this Criminal Original Petition is disposed of.

07.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn 3/4

G.ILANGOVAN , J.

pnn To 1.The Sessions Judge, Special Court for SC/ST (POA)Act, Thoothukudi. 2.The Deputy Superintendent of Police, Srivaikundam Sub-Division, Srivaikundam, Thoothukudi District.

3.The Inspector of Police, Seidunganallur Police Station, Srivaikundam,Thoothukudi District. (Crime No.104 of 2023) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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