Madras High CourtCRL OP/6765/2020ordered

Prabu v. The State Rep By Its

2020-03-23Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2020

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.6765 of 2020 1.Prabu 2.P.Rasiya 3.Ethayakani ... Petitioners/Accused Vs The State rep.by its The Inspector of Police, Kunnam Police Station, Perambalur District.

(Crime No.77 of 2020) ... Respondent/Complainant Criminal Original Petition filed under Section 482 Cr.P.C. to direct the Special Court for PCR Cases Perambalur (Principal District cum Session Judge) under SC/ST Prevention of Atrocities amendment Act, to accept the surrender of the petitioner and consequently consider their Bail application on merits on the same day in Crime No.77 of2020 dated 20.03.2020 on the file of the respondent police.

For Petitioner :

Mr.E.C.Ramesh For Respondent :

Mrs.P.Kritika Kamal, Government Advocate(Crl.Side)

ORDER

The petitioners alleging that they have been falsely implicated by the respondent for the offences punishable under Sections 294(b), 323, 506(i), 120(b), 420 IPC and Sections 3(i) (r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015, seek a direction to the Special Court for PCR Cases, Perambalur (Principal District-cum -Session Judge) under SC/ST (POA) Amendment Act, to consider and dispose of their bail application filed by them under Section 439 Cr.P.C. on the same day of their surrender before the Court in connection with Crime No.77 of 2020 on the file of the respondent police.

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2. The learned counsel for the petitioners has submitted that the petitioners are prepared to surrender before the Court below and are ready to furnish solvent surety in the event of releasing them on bail and further they are ready to abide by any condition that may be imposed by this Court.

3. Heard the learned counsel appearing for the petitioners as well as the learned Government Advocate (Crl.Side) appearing for the respondent.

4. Considering the nature of the relief sought herein and taking note of the fact that the petitioners are prepared to surrender before the Special Court for PCR Cases, Perambalur (Principal District-cum -Session Judge) under SC/ST (POA) Amendment Act, there shall be a direction to the the Special Court for PCR Cases, Perambalur to consider the bail application to be submitted by the petitioners along with their surrender before that Court, on the same day on merits and pass appropriate orders.

5. The criminal original petition is ordered accordingly. -s/dAssistant Registrar True Copy Sub-Assistant Registrar av To 1.The Special Judge, Special Court for PCR Cases Perambalur

2. The Inspector of Police, Kunnam Police Station, Perambalur District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.E.C.Ramesh Advocate sr24569 Crl.O.P.No.6765 of 2020 aa24/03/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/