Madras High CourtCRL OP(MD)/23079/2023disposed of

G.Rajarathinam v. The Deputy Superintendent Of Police

2023-12-21Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN G.Rajarathinam .. Petitioner/A3 Vs.

1.The Deputy Superintendent of Police, Gujiliamparai, Dindigul District.

2.The Inspector of Police, Guziliamparai Police Station, Gujiliamparai, Dindigul District.

.. Respondents 1 & 2/ Complainants 3.P.Palanisamy .. 3rd Respondent/ Defacto complainant PRAYER: Petition filed under Section 482 of Criminal Procedure Code to direct the learned Sessions Judge, Special Court for exclusive trial of SC/ST (POA) Act Cases, Dindigul to accept the surrender of the petitioner and consider his bail application on the very same day on merits in accordance with Crime No.241 of 2023 on the file of the 2nd respondent.

For Petitioner :

Mr.S.Arunnithy For RR1 & 2 :

Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition is filed Petition to direct the learned Sessions Judge, Special Court for exclusive trial of SC/ST (POA) Act Cases, Dindigul, to accept the surrender of the petitioner and consider his bail application on the very same day on merits in accordance with Crime No.241 of 2023 on the file of the 2nd respondent. 2.The petitioner is the accused persons in Crime No.241 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 294(b), 323, 324, 341, 506(i) of IPC, Section 4 of TNPHW Act read with Section 3(1)(r), 3(1)(s) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 3.Mr.R.M.Anbunithi, learned Government Advocate (Crl. Side), accepts notice for the respondents 1 and 2. He would further submit that the injured in this case, has been discharged from the hospital and the petitioner has no previous case.

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 exclusive trial of SC/ST (POA) Act Cases, 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.

21.12.2023 NCC :

Yes/No Index :

Yes/No Internet :

Yes/No pnn

G.ILANGOVAN, J.

pnn To 1.The Sessions Judge, Special Court for exclusive trial of SC/ST (POA) Act Cases, Dindigul, 2.The Deputy Superintendent of Police, Gujiliamparai, Dindigul District.

3.The Inspector of Police, Guziliamparai Police Station, Gujiliamparai, Dindigul District.

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

Dated : 21.12.2023