Crl.O.P.(MD)No.7190 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 19.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN

Crl.O.P.(MD)No.7190 of 2023

1.Vignesh

2.Appu @ Mohanraj

3.Arun Kumar

... Petitioners/Accused Nos.1 to 3

Vs.

1.The Deputy Superintendent of Police,

Alangudi Circle,

Pudukkottai District.

2.The Inspector of Police,

Alangudi Police Station,

Alangudi,

Pudukkottai District.

(Crime No.82 of 2023)

...Respondents 1 & 2/Complainants 1& 2

3.Nathiya

... 3^rd Respondent/Defacto Complainant

PRAYER : Criminal Original Petition is filed under Section 482 of

Cr.P.C, to direct the Special Court for Scheduled Castes and Scheduled

Tribes (Prevention of Atrocites) Act, 1989, Pudukkottai, to accept the

surrender of the petitioners/accused Nos.1 to 3 and consider the

petitioners' bail application on the date of surrender itself in Crime No.82

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Crl.O.P.(MD)No.7190 of 2023

of 2023 dated 10.04.2023 on the file of the second respondent Police.

For Petitioners

: Mr.K.C.Maniyarasu

For Respondents

: Mr.B.Nambiselvan for R1 & R2

Additional Public Prosecutor

O R D E R

This petition has been filed to direct the Special Court for

Scheduled Castes and Scheduled Tribes (Prevention of Atrocites) Act,

1989, Pudukkottai, to accept the surrender of the petitioners/accused

Nos.1 to 3 and consider the petitioners' bail application on the date of

surrender itself in Crime No.82 of 2023 dated 11.04.2023 on the file of

the second respondent Police.

2.The petitioners are the accused persons in Crime No.82 of 2023

on the file of the 2^nd respondent police for the offences punishable under

Section 294(b), 323, 354, 427, 448, 506(i) of IPC and Section 3(1)(r),

3(1)(s) and 3(2)(Va) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989.

3.Mr.B.Nambiselvan, learned Additional Public Prosecutor,

accepts notice for the respondents 1 and 2. He would further submitted

that the allegation made against the petitioners is that they have torned

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Crl.O.P.(MD)No.7190 of 2023

the dress of the defacto complainant at that time of quarrel.

4. Considering the submission of the learned Additional Public

Prosecutor, the allegation made against the petitioners may be taken care

by the special Court at that time of considering the bail application of the

petitioners.

5.Considering the facts and circumstances of the case, this Court is

inclined to pass the following orders :-

1)The petitioners shall appear before the

learned Special Court for Scheduled Castes

and Scheduled Tribes (Prevention of Atrocites)

Act, 1989, Pudukkottai, 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 petitioners 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.

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Crl.O.P.(MD)No.7190 of 2023

6.With the above observation, this Criminal Original Petition is

disposed of.

19.04.2023

NCC : Yes/No

Index : Yes/No

Internet : Yes/No

Indu

To

1.The Special Court for SC/ST(Prevention of Atrocities) Act, 1989,

Pudukkottai.

2.The Deputy Superintendent of Police,

Alangudi Circle,

Pudukkottai District.

3.The Inspector of Police,

Alangudi Police Station,

Alangudi,

Pudukkottai District.

4.The Additional Public Prosecutor,

Madurai Bench of Madras High Court,

Madurai.

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Crl.O.P.(MD)No.7190 of 2023

G.ILANGOVAN. J.

Indu

Crl.O.P.(MD)No.7190 of 2023

19.04.2023

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