Lingeswaran v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.06.2022

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.12879 of 2022 M.Lingeswaran

...Petitioner

Vs.

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

2.The State rep.by Inspector of Police, Veppadai Police Station, Namakkal District.

(Crime No.108 of 2022).

... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Special Court for the Exclusive Trial of SC/ST Cases, Namakkal to accept the surrender of the petitioner in connection with the Crime No.108 of 2022 on the file of the 2nd respondent police and to consider the petitioner's bail application on the same day. For Petitioner : Mr.C.S.Saravanan For Respondents : Mr.R.Vinothraja, Government Advocate (Crl. side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the Special Court for SC/ST (Prevention of Atrocities) Act, Nammakal to consider the surrender and pass favourable orders on the bail application filed by the petitioner on the same day in connection with Crime No.108 of 2022 on the file of the 2nd respondent police. 2.The petitioner claims that since he has been charged under various offences under the SC/ST (Prevention of Atrocities) Act, 1989, the bail would be granted only on his surrender. Therefore, a direction is sought seeking permission to surrender before the trial Court and in the event of https://hcservices.ecourts.gov.in/hcservices/

surrender, bail application may be considered on the same day by the Trial court.

3.The petitioner is directed to surrender before the concerned Court after giving notice to the prosecution and the surrender must be at the time when the Court sits and the bail application, if any filed by the petitioner, should be considered on the same day on merits by the Trial Court.

4. In view of the above, the Criminal Original Petition stands allowed.

Sd/- Vacation Officer //True Copy// Sub Assistant Registrar smv/kkn To 1.The Presiding Officer, Special Court for SC/ST Prevention of Atrocities) Act, Nammakal 2.The Deputy Superintendent of Police, Namakkal District, Namakkal.

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

4.The Public Prosecutor, High Court of Madras.

+1cc to Mr.C.S.Saravanan, Advocate, S.R.No.31967 Crl.O.P.No.12879 of 2022 RSV(CO) SB(03/06/2022) https://hcservices.ecourts.gov.in/hcservices/