Madras High CourtCRL OP(MD)/23391/2023disposed of

Ramadas v. The Deputy Superintendent Of Police

2023-12-22Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.23391 of 2023 Ramadas ... Petitioner Vs.

1.The Deputy Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar District.

3.Kannan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct learned Special Court for SC/ST (POA) Act Cases, Srivilliputhur, Virudhunagar District, to accept the surrender of the petitioner and to consider his bail application on the same day on merits in connection with FIR No.231/2023 dated 18.12.2023, on the file of the 2nd Respondent/Virudhunagar Rural Police Station, Virudhunagar District.

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For Petitioner : R.Murugappan For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.side) O R D E R This petition has been filed to direct learned Special Court for SC/ST (POA) Act Cases, Srivilliputhur, Virudhunagar District, to accept the surrender of the petitioner and to consider his bail application on the same day on merits in connection with FIR No.231/2023 dated 18.12.2023, on the file of the 2nd Respondent/Virudhunagar Rural Police Station, Virudhunagar District.

2.The petitioner is the accused persons in Crime No.231 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 506(i) IPC and r/w. Sections 3(1)(r) and 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3.Mr.R.M.Anbunithi, learned Additional Public Prosecutor, accepts notice for the respondents 1 and 2. He would submit that four previous case is pending against the petitioner, among which, one case is under Section 307 IPC and others are registered as COVID Case. Further, 2/4

injured is discharged from the hospital.

4.Even though four previous case is pending against the petitioner, considering the present facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioner shall appear before the Special Court for SC/ST (POA) Act Cases, Srivilliputhur, Virudhunagar District, 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.

22.12.2023 Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The Special Court for SC/ST (POA) Act Cases, Srivilliputhur, Virudhunagar District.

2.The Deputy Superintendent of Police, Virudhunagar, Virudhunagar District.

3.The Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar District.

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

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