Madras High CourtCRL OP/8697/2021disposed of

S.Krishnaraj v. The State Repby

2021-05-06Honourable Mr Justice G.R.Swaminathan2 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.8697 of 2021 S.Krishnaraj ... Petitioner Vs.

State rep. by The Station House Officer, Bahour Police Station, Bahour, Puducherry Crime No.33 of 2021 ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned II Additional District and Sessions Judge, Puducherry to consider the petitioner's bail application on the very same day in Crime No.33 of 2021 pending on the file of the respondent police. For Petitioner : Mr. P.Suresh Babu For Respondent : Ms. Saradha Government Advocate (Crl side)

O R D E R

This petition has been filed seeking direction to the Principal II Additional District and Sessions Judge, Puducherry, to consider the bail petition of the petitioner on the same day in the event of surrender by the petitioner in Crime No.33 of 2021, on the file of the respondent police.

2. Heard the learned counsel on either side.

3. It is stated that the injured has been discharged. The petitioner seeks leave to surrender before the jurisdictional Court and he wants his bail petition to be considered on the same day.

4. Since the case arises under Section 15(A) of the SC/ST Act the defacto complainant must be put on notice. The https://hcservices.ecourts.gov.in/hcservices/

petitioner is permitted to send advance notice to the defacto complainant/victim intimating the date of his surrender. The said notice be sent through registered post to the last known correct address of the defacto complainant 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 petitioner shall surrender before the jurisdictional Court within a period of three weeks from the date of receipt of a copy of this order. On such surrender, the petitioner's bail petition shall considered and disposed of on merits and in accordance with law on the same day of surrender.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rli To 1.The The Station House Officer, Bahour Police Station, Puducherry Taluk and District.

2. The II Additional District and Sessions Judge, Puducherry.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.8697 of 2021 ad[co] srg 07/05/2021 https://hcservices.ecourts.gov.in/hcservices/