Madras High CourtCRL OP/8779/2021disposed of

R.Jayaganesh v. The Deputy Superintendent Of Police

2021-05-06Honourable Mr Justice G.R.Swaminathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.05.2021 Coram The Honourable Mr.Justice G.R.Swaminathan Crl.O.P.No.8779 of 2021 1.R.Jayaganesh 2.Kirubakaran 3.Aakash Manikandan 4.P.Jegathisan 5.Madeswaran @ Madavan 6.Mathiyazhagan 7.Surendar 8.Rajkumar 9.P.S.Nandakumar 10.P.S.Ramkumar 11.Arun Kumar 12.Kavin @ Govindaraj 13.Ramesh 14.Suresh 15.Vinoth Kumar 16.Parameshwaran 17.Vijayakumar 18.Soundaraj 19.Yogeshwaran 20.Thamaraiselvan 21.Prakash 22.Saravanan 23.Hariharan 24.Chandrasekaran 25.Jamunarani 26.Keerthika @ Vasanthi 27.Eswari 28.Jaya 29.Hemalatha 30.Nanda Kumar

...Petitioners

Versus

1.The Deputy Superintendent of Police, Paramathi Vellur, Namakkal District.

2.The Inspector of Police, Namakkal Police Station, Namakkal District.

(Crime No.352 of 2021) 3.Arul

...Respondents

This Criminal Original Petition is filed under Section 482 of Cr.P.C praying to direct the Additional District and Sessions Judge/Special Judge for PCR Court, Namakkal to accept the surrender of the petitioners and consider their bail application on the same day on merit relating to Crime No.352 of 2021, dated 30.03.2021 on the file of the second respondent Police. For Petitioners :

Mr.S.Gokul Raj For Respondents for R1 :

Ms.V.Sharadha Devi, Government Advocate (Crl Side)

ORDER

The relief sought for in this petition is to direct the Additional District and Sessions Judge/Special Judge for PCR Court, Namakkal, to consider the bail application of the petitioners on the same day in the event of their surrender in Crime No.352 of 2021, on the file of the second respondent Police.

2. Heard the learned counsel on either side.

3. It is stated that the injured has been discharged. The petitioners seek leave to surrender before the jurisdictional Court and they want their bail application to be considered on the same day.

4. Since the case arises under Section 15(A) of the SC/ST Act the defacto complainant/third respondent must be put on notice. The petitioners are permitted to send advance notice to the defacto complainant/victim intimating the date of their surrender. The said notice has to be sent through Registered Post to the last known correct address of the defacto complainant/third respondent along with the surrender petition. The original postal receipt together with proof of delivery or returned cover shall also be enclosed along with the surrender petition filed before the Sessions Court, which shall be taken as sufficient compliance of the requirements set out under Section 15(A) of the SC/ST Act.

5. The petitioners shall surrender before the jurisdictional Court within a period of six weeks from the date of receipt of a copy of this order. On such surrender, the petitioners' bail application shall be considered and disposed of on merits and in accordance with law on the same of surrender.

6. This Criminal Original Petition is disposed of on above terms.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To 1.The Additional District and Sessions Judge/Special Judge for PCR Court, Namakkal.

2.The Deputy Superintendent of Police, Paramathi Vellur, Namakkal District.

3.The Inspector of Police, Namakkal Police Station, Namakkal District.

4.The Public Prosecutor, High Court of Madras, Chennai - 600 104.

Crl.O.P.No.8779 of 2021 CP(CO) NS(11/05/2021)