Gunasekaran v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2020

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN Crl.O.P.No.17494 of 2020 Gunasekaran S/o, Paramasivam, Vadivelampalayam, Kolaram Village, Paramathi Velur Taluk,

...Petitioner

-Vs1. The Deputy Superintendent of Police, Paramathi Velur,

2. The Inspector of Police, Nallur Police Station,

3. Usha D/o, Asaithambi 3-79A, Thidumal Post, Paramathi Velur Taluk, ... Respondents Prayer:Criminal Original Petition filed under section 482 of Criminal Procedure Code, to direct the Special Judge for SC&ST Act cases/Principal Sessions Court, Namakkal to consider the Bail Petition to be filed by the petitioner, on his surrender on the same day and consider the same on merits in connection with the case in Crime No.678 of 2020 pending investigation on the file of the 1st respondent.

For Petitioner : Mr.A.Padmanaban For R1 & R2 : Ms.M.Prabhavathi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been laid by the petitioner seeking direction to the Special Judge for SC&ST Act cases/Principal Sessions Court, Namakkal, to consider the bail

application of the petitioner on the same date of surrender pertaining to the Crime No.678 of 2020 on the file of the Nallur Police Station, Namakkal District.

2. The petitioner is arrayed as an accused in Crime No.678 of 2020 for the offences punishable under Sections 376 IPC read with Section 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015. Now according to the petitioner, the case has been falsely foisted against him and he has not committed the offences putforth against him, and on account of the false case alleged against him, the petitioner is 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 Special Judge for SC&ST Act cases/Principal Sessions Court, Namakkal, within 10 days from the date of receipt of copy of this order. (ii) On the petitioners surrendering before the Special Judge for SC&ST Act cases/Principal Sessions Court, Namakkal, and filing the bail application, the Special Judge for SC&ST Act cases/Principal Sessions Court, Namakkal, 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 //True Copy// Sub Assistant Registrar mfa To

1. The Special Judge for SC&ST Act cases, Principal Sessions Court, Namakkal.

2. The Deputy Superintendent of Police, Paramathi Velur,

3. The Inspector of Police, Nallur Police Station, 4.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.A.Padmanaban , Advocate Sr.No. 35969 Crl.O.P.No.17494 of 2020 BR(CO) RMP(07/12/2020)