Madras High CourtCRL OP/18797/2020disposed of

Gopal v. Statr Ep By,

2020-12-01Honourable Mr Justice T. Ravindran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2020

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN Crl.O.P.No.18797 of 2020 Gopal S/o, Palanisamy, No.5/74, Karukkupalayam, Kuthambi, Perundurai, Erode District.

...Petitioner/Accused

-VsState Rep by, The Inspector of Police, Thingalur Police Station, Erode District.

... Respondent/Complainant Prayer:Criminal Original Petition filed under section 482 of Criminal Procedure Code, to pass a direction, directing the Principal Sessions cum P.C.R Judge, Erode (Special Court for S.C and S.T Act) to consider the bail application on his surrender filed by the petitioner in connection with the above Crime No.306 of 2020 on the file of the respondent the Inspector of Police, Thingalur Police Station, Erode District on the same day. For Petitioner : Mr.C.Mohanraj For Respondent : 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 Principal Sessions cum P.C.R Judge, (Special Court for S.C and S.T Act), Erode to consider the bail application of the petitioner on the same date of surrender pertaining to the Crime No.306 of 2020 on the file of the Thingalur Police Station, Erode District.

2. The petitioner is arrayed as an accused in Crime No.306 of 2020 for the offences punishable under Sections 3(1)(r), 3(1) (S) & 3(2)(5a) of SC/ST POA Amendment Act,2015 r/w Sections 323 & 506(ii) IPC. Now according to the petitioner, the case has been falsely foisted against him and he has not committed the https://hcservices.ecourts.gov.in/hcservices/

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 petitioner shall surrender before the Principal Sessions cum P.C.R Judge, (Special Court for S.C and S.T Act), Erode within 10 days from the date of receipt of copy of this order.

(ii) On the petitioner surrendering before the Principal Sessions cum P.C.R Judge, (Special Court for S.C and S.T Act), Erode and filing the bail application, the Principal Sessions cum P.C.R Judge, (Special Court for S.C and S.T Act), Erode 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 cum P.C.R Judge, (Special Court for S.C and S.T Act), Erode.

2.The Inspector of Police, Thingalur Police Station, Erode District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.C.Mohanraj , Advocate Sr.No. 38483 Crl.O.P.No.18797 of 2020 MG(CO) RMP(14/12/2020) https://hcservices.ecourts.gov.in/hcservices/