Sathish v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2020

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN Crl.O.P.No.17466 of 2020

1. Sathish S/o, Chinnathambi No.316, Sakarai Vinayagar Koil Street, Veerapandi Post, Villupuram District 605 758.

2. Pandian @ Pandiaraj S/o, Srinivasan, 169, Ramachandran Street, Veeranpandi,

...Petitioners/A7 & A9

-Vs1. The State rep by The Inspector of Police, Arakandanallur Police Station, Villupuram District. ...1st Respondent/Complainant

2. Gnanambal W/o, Moorthy, Munneshwaran Koil Street, Veerapandi Pullikal Colony, Kandachipuram Taluk, ...2nd Respondent/Defacto Complainant Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to issue a direction directing the Sessions Judge, Special Court for Exclusive Trial of Cases registered under the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, Villupuram to consider the bail application of the petitioners on the same day of their surrender in Cr.No.78 of 2018 on the file of the first respondent herein.

For Petitioners : Mr.G.Mageshkumar For R1 : 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 Sessions Judge, Special Court for Exclusive Trial of Cases registered under the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, Villupuram to consider the bail application of the petitioners on the same date of surrender pertaining to the Crime No.78 of 2018 on the file of the Arakandanallur Police Station,

2. The petitioners are arrayed as an accused in Crime No.78 of 2018 for the offences punishable under Sections 147, 148, 294 (b), 323, 506 Part II, 430, 307 IPC r/w. Sec.4 of TN Prohibition of Harassment of Women Act 2002, Sec.3(1) of TN PP D & L Act, Sec.3(1), 3(1)(r), 3(1)(s), 3(2)(va) of the SC and ST (POA) Amendment Act, 2015. Now according to the 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 Sessions Judge, Special Court for Exclusive Trial of Cases registered under the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, Villupuram within 10 days from the date of receipt of copy of this order.

(ii) On the petitioners surrendering before the Sessions Judge, Special Court for Exclusive Trial of Cases registered under the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, Villupuram and filing the bail application, the Sessions Judge, Special Court for Exclusive Trial of Cases registered under the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, Villupuram 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

To

1. The Sessions Judge, Special Court for Exclusive Trial of Cases registered under the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, Villupuram.

2. The Inspector of Police, Arakandanallur Police Station,

3. The Public Prosecutor, High Court, Madras.

+1cc to M/s.G.Mageshkumar, Advocate, S.R.No.36134 Crl.O.P.No.17466 of 2020 KJ(CO) RV(02/12/2020)