K.Gandhimathi v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.10.2020

CORAM:

THE HONOURABLE MR. JUSTICE R. PONGIAPPAN Crl.O.P.No.15841 of 2020 K.Gandhimathi .. Petitioner/Accused Vs.

State by 1.The Deputy Superintendent of Police, Perambalur, Perambalur District.

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

Cr.No.2060 of 2020.

3.Dineshkumar .. Respondents/Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the Sessions Judge, Special Court for Trial Cases Under SC and ST Act, Perambalur to accept the petitioner surrender application and consider the petitioner bail application on the same day in connecting with Crime No.2060 of 2020 on the file of the Inspector of Police, Perambalur Police Station, Perambalur, Perambalur District. For Petitioner : Mrs.R.Hemalatha for Mr.C.Prakasam For Respondents 1 & 2 : Mr.M.Prabhavathi, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking direction to direct the presiding officer, Special Court for SC-ST Act, Perambalur District to accept the petitioner's surrender application and consider the bail application on the same day in connection with Crime No.2060 of 2020 on the file of the second respondent police.

2. Heard Mrs.R.Hemalatha learned counsel representing Mr.C.Prakasam, learned counsel for the petitioner and https://hcservices.ecourts.gov.in/hcservices/ Page numbers

Mrs.M.Prabhavathi, learned Additional Public Prosecutor appearing for the respondents 1 and 2.

3. In fact, the respondents police has registered the case against this petitioner for the offence under section 294(b), 324, 307, 506(ii) IPC read with 3(1)(r), 3(1)(s) and 3 (1)(v) of SC-ST Act (Amendment Act, 2015). Now on go through the avements found in the FIR, it seems that at the time of occurrence, the petitioner instructed the other accused for attacking the defacto complainant and also abused the defacto complainant by using filthy languages, further the petitioner being an Advocate, after knowing the consequences committed the petition mentioned offence. More than that the offence under section 307 IPC is very serious in nature and it would need detailed investigation. Therefore, the reasons stated by the petitioner for allowing this petition cannot be entertained.

4. For the foregoing reasons, this criminal original petition is dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nl To 1.The Deputy Superintendent of Police, Perambalur, Perambalur District.

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

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.15841 of 2020 VG II(CO) CB(05/11/2020) https://hcservices.ecourts.gov.in/hcservices/ Page numbers