Madras High CourtCRL OP/17217/2020disposed of

Mahalingam v. The State Represented By

2020-11-03Honourable Mr Justice T. Ravindran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2020

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN Crl.O.P.No.17217 of 2020

1. Mahalingam S/o, Govindan 2.Ranjitham W/o, Mahalingam

3. Murugan S/o, Govindan

4. Kumar S/o, Govindan

...Petitioners/Accused No.2 to 5

-VsThe State represented by The Inspector of Police, Kambainallur Police Station, Dharmapuri District.

... Respondent/Complainant Prayer:Criminal Original Petition filed under section 482 of Criminal Procedure Code, to pass an order of direction, directing the Principal District and Sessions Judge, (Special Judge for SC & ST Act Cases), Dharmapuri to consider the bail application of the petitioners concerned in Crime No.737 of 2020 on the file of the Inspector of Police, Kambainallur Police Station, Dharmapuri District on their surrender on the same day.

For Petitioners: Mr.C.Prabakaran For Respondent : Ms.M.Prabhavathi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been laid by the petitioners seeking direction to the Principal District and Sessions Judge, (Special Judge for SC & ST Act Cases), Dharmapuri, to consider the bail application of the petitioners on the same date of surrender pertaining to the Crime No.737 of 2020 on the file of the Kambainallur Police Station, Dharmapuri District.

2. The petitioners are arrayed as an accused in Crime No.737 of 2020 for the offences punishable under Section 174 (iii) IPC Altered into 306 IPC r/w Section 3(1)(r), (s) and 3 (2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act,2015. Now according to the https://hcservices.ecourts.gov.in/hcservices/

petitioners, the case has been falsely foisted against them and they have not committed the offences putforth against them, and on account of the false case alleged against them, the petitioners are necessitated to seek for necessary direction.

3. Considering the facts and circumstances of the case and in the interest of justice, I deem it fit to issue the following directions.

(i) The petitioners shall surrender before the Principal District and Sessions Judge, (Special Judge for SC & ST Act Cases), Dharmapuri, within 10 days from the date of receipt of copy of this order.

(ii) On the petitioners surrendering before the Principal District and Sessions Judge, (Special Judge for SC & ST Act Cases), Dharmapuri, and filing the bail application, the Principal District and Sessions Judge, (Special Judge for SC & ST Act Cases), Dharmapuri, is directed to consider and dispose of the bail application as expeditiously as possible, preferably on the date of surrender in accordance with law.

4. Accordingly, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(II) *Amended as per order of this Court dated 03.02.2021 and made in Crl.MP.No.990/21 in Crl.OP.No.17217 of 2020 -s/dAssistant Registrar(CSII) dt 04.02.2021 //True Copy// Sub Assistant Registrar mfa To 1.The Principal District and Sessions Judge, (Special Judge for SC & ST Act Cases), Dharmapuri.

To be substituted For the order already 2.The Inspector of Police, despatched 19.12.2020 Kambainallur Police Station, Dharmapuri District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.Prabakaran, Advocate SR.35517 Crl.O.P.No.17217 of 2020 AD(CO) CB(07/12/2020) A.SK(04.02.2021).

https://hcservices.ecourts.gov.in/hcservices/