Madras High CourtCRL OP(MD)/22766/2023disposed of

Anbazhagan v. The Deputy Superintendent Of Police

2023-12-18Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Anbazhagan ... Petitioner / Sole Accused Vs.

1.The Deputy Superintendent of Police, Thiruppanandal, Thanjavur District.

2.The Inspector of Police, Thiruppanandal Police Station, Thanjavur District.

(in Crime No.577 of 2023) 3.Sasikumar ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the 1st Additional District and Sessions Judge (Special Court for SC/ST (POA) Act Cases), Thanjavur, to consider the bail application on the same date of his surrender in Crime No.577 of 2023 pending on the file of the second respondent. For Petitioner : Mr.T.Vivek For R1 and R2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition is filed to direct the 1st Additional District and Sessions Judge (Special Court for SC/ST (POA) Act Cases), Thanjavur, to consider the bail application on the same date of his surrender in Crime No.577 of 2023 pending on the file of the second respondent.

2.The petitioner is the sole accused, in Crime No.577 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 324, 506(2) of IPC and Section 3(1)(r), 3(1)(s) and 3(2) (va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities Act), 1989.

3.Mr.Mr.R.M.Anbunithi, Additional Public Prosecutor, accepts notice for the respondents 1 and 2. He would further submitted that the injured in this case has been discharged from the hospital. There is no previous case against the petitioner.

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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 1st Additional District and Sessions Judge (Special Court for SC/ST (POA) Act Cases), Thanjavur, 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 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.

18.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn 3/4

G.ILANGOVAN , J.

pnn To 1.The 1st Additional District and Sessions Judge (Special Court for SC/ST (POA) Act Cases), Thanjavur. 2.The Deputy Superintendent of Police, Thiruppanandal, Thanjavur District.

3.The Inspector of Police, Thiruppanandal Police Station, Thanjavur District. (in Crime No.577 of 2023) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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