Madras High CourtCRL OP/18105/2020disposed of

Palanisamy v. State Rep By,

2020-11-19Honourable Mr Justice T. Ravindran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2020

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN Crl.O.P.No.18105 of 2020

1. Palanisamy S/o, Marappa Gounder

2. Mani, W/o, Panaisamy, Both are residing at Door No.2/89, Vayalkadu, Uppillipalayam, S.Erayamangalam, Tiruchengode Taluk, Namakkal District.

... Petitioners -VsState rep. By its The Inspector of Police, MOLASI Police Station, Namakkal District.

... Respondent Prayer:Criminal Original Petition filed under section 482 of Criminal Procedure Code, to direct the Principal Sessions and District Judge, (Special Judge), SC/ST Act Cases, Namakkal District to consider the bail application filed by the petitioners on their surrender in connection with the Crime No.337 of 2020 on the file of the respondent police on the same day.

For Petitioners : Mr.W.Camyles Gandhi 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 Sessions and District Judge, (Special Judge), SC/ST Act Cases, Namakkal District, to consider the bail application of the petitioners on the same date of surrender pertaining to the Crime No.337 of 2020 on the file of the MOLASI Police Station, Namakkal District.

2. The petitioners are arrayed as an accused in Crime No.337 of 2020 for the offences punishable under Sections 447, 385, 506 https://hcservices.ecourts.gov.in/hcservices/

(i) of IPC and 3(1)(f), 3(1)(s), 3(2)(v)(a) SC/ST (POA) Amendment Act 1989. 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 Principal Sessions and District Judge, (Special Judge), SC/ST Act Cases, Namakkal District, within 10 days from the date of receipt of copy of this order.

(ii) On the petitioners surrendering before the Principal Sessions and District Judge, (Special Judge), SC/ST Act Cases, Namakkal District, and filing the bail application, the Principal Sessions and District Judge, (Special Judge), SC/ST Act Cases, Namakkal District, 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 Principal Sessions and District Judge, (Special Judge) SC/ST Act Cases, Namakkal District.

2. The Inspector of Police, MOLASI Police Station, Namakkal District.

3. The Public Prosecutor, High Court, Chennai.

+1 cc to Mr. W.Camyles Gandhi, Advocate Sr.No. 37057 Crl.O.P.No.18105 of 2020 AJS(CO) RMP(11/12/2020) https://hcservices.ecourts.gov.in/hcservices/