Raja v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN CRL.O.P.NO.16331 OF 2020 1.Raja 2.Chinnathambi 3.Jaya 4.Chelamuthu .. Petitioners Vs.

The Inspector of Police, All Women Police Station, Thirukovilur, Villupuram District.

Crime No.24 of 2020 .. Respondent PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned Sessions Court Villupuram, the District Sessions Judge, Villupuram, Special Judge for Prevention of SC/ST Atrocities to accept surrender of the petitioners in Cr.No.24 of 2020 on the file of the Inspector of Police, All Women Police Station, Thirukovilur, Villupuram District and consequently consider the bail application on the same day.

For Petitioners : Mr.V.Gunasekar For Respondent : Mrs.M.Prabhavathi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking direction to direct the Special Judge (Prevention of SC & ST Atrocities), Sessions Court, Villupuram to accept the surrender of the petitioner in Crime No.24 of 2020 on the file of the respondent police and consider the bail application on the same day.

2. Heard Mr.V.Gunasekar, learned counsel for the petitioners and Mrs.M.Prabhavathi, learned Additional Public Prosecutor for the respondent police.

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3. The petitioners herein were arrayed as accused in Crime No.20 of 2020 pending on the file of the respondent police. Now considering the nature of offence committed by the petitioner, the above referred FIR has been registered for the offence punishable under Section 417, 376, 506(ii) of IPC read with section 3(1)(r), 3(2)(v) of SC & ST (Prevention of Atrocities) Amendment Act, 2015.

4. In the above referred offences, the offence under section 376 is heinous one. Further, for concluding the investigation in respect of the said offence, it is necessary to find out whether the accused committed the offence of rape. In the said circumstances, the same needs detailed investigation for which, custodial enquiry may be necessary. Therefore, the prayer sought for by the petitioners cannot be granted in usual manner.

5. Considering the facts and circumstances of the case and as of now, I am not inclined to allow this application.

6. With the above observation, this Criminal Original Petition is dismissed.

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

1. The District Sessions Judge, Villupuram, Special Judge for Prevention of SC/ST, Villupuram

2. Do Thro' The Principal Sessions Judge, Villupuram.

3. The Inspector of Police, All Women Police Station, Thirukovilur, Villupuram District.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.16331 of 2020 GJ(CO) CS/04/11/2020 https://hcservices.ecourts.gov.in/hcservices/