Madras High CourtCRL OP(MD)/22859/2023disposed of

Janatha v. The Deputy Superintendent Of Police

2023-12-19Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Janatha ... Petitioner/11th Accused Vs.

1.The State Rep by The Deputy Superintendent of Police, Nilakottai Sub-Division, Nilakottai Police Station.

2.The Inspector of Police, Nilakottai Police station, Dindigul District.

Cr.No.273 of 2023.

... Respondents 1&2/Complainant 3.Manicka Selvi ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for Exclusive Trial of Cases Under SC/ST(POA) Act, Dindigul, to consider the petitioner's bail in the event of arrest on the same day in Crime No.273 of 2023 for the alleged offences under Sections 147, 148, 294(B), 323, 324, 506(II) of IPC and Section 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST )POA) Act. For petitioner : Mr.A.Arul Jenifer For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor 1/4

O R D E R This petition has been filed seeking direction to Special Court for Exclusive Trial of Cases Under SC/ST(POA) Act, Dindigul, to accept the surrender of the petitioner in connection with Crime No.273 of 2023 on the file of the 2nd Respondent Police on the same day of filing and to consider the Anticipatory Bail/ Bail petition filed by the petitioner on the same day of filing in accordance with law.

2.The petitioner is the accused persons in Crime No.273 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 147, 148, 294(B), 323, 324, 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) Act, 1989.

3.Mr.R.M.Anbunithi, learned Additional Public Prosecutor, accepts notice for the respondents 1 and 2. He would further submit that the petitioner has no previous case.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 2/4

1)The petitioner shall appear before the learned Special Court for Exclusive Trial of Cases Under SC/ST(POA) Act, Dindigul, 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.

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

19.12.2023 Index : Yes/No Internet : Yes/No dss To 1.The Special Court for Exclusive Trial of Cases Under SC/ST(POA)Act, Dindigul.

2.The Deputy Superintendent of Police, Nilakottai Sub-Division, Nilakottai Police Station.

3.The Inspector of Police, Nilakottai Police station, Dindigul District.

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G.ILANGOVAN. J.

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

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