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Madras High CourtCRL OP/34679/2019ordered

Elangovan v. State By Inspector

2019-12-30Honourable Mr Justice G.R.Swaminathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.12.2019

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Crl.O.P.No.34679 of 2019 1.Elangovan 2.Prasanth 3.Karthi 4.Suresh 5.Bala @ Balamurugan ..Petitioners Vs State rep by The Inspector of Police, Gingee Police Station, Villupuram District.

(Crime No.313 of 2019) ..Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to directing the learned Sessions Judge, Special Court for Exclusive Trial of cases registered under SC & ST Atrocities Act at Villupuram, villupuram District to accept the surrender of the petitioners herein concerned in Crime No.313 of 2019 on the file of Inspector of Police, Gingee Police Station, Villupuram District and consider the bail petition on the same day itself.

For Petitioners : Mr.S.Sasikumar For Respondent : Mr.T.Shunmugarajeswaran Govt.Advocate(Crl.side)

ORDER

The petitioners are shown as accused in Crime No.313 of 2019 registered on the file of the Gingee police station for the offences under Section 147, 148, 294(b), 153(A), 323, 427, 506 (ii) IPC r/w3(1)(r), 3(1)() SC/ST Amendment Act 2015 and 3 of PPD Act.

2.The learned Government Advocate(Crl.side) states that final report has been filed in this case and it is yet to be taken on file. The petitioners want this Court to permit them to surrender before the Court below with a further direction that the same may be accepted and their bail petitions may be disposed of on the same day.

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3.Since the investigation is over and the final report has already been filed, there cannot be any objection for considering the said request. Therefore, the petitioners are permitted to surrender before the Special Court for Exclusive Trial of cases registered under SC & ST Atrocities Act at Villupuram.

4.The learned counsel for the petitioners states that the petitioners will surrender on 09.01.2020. The police shall inform the defacto complainant about this date, so that he is at liberty to oppose the petitioners' request for grant of bail. However, the learned Special Judge will dispose of the bail petitions of the petitioners on the same day.

5. The Criminal Original Petition is allowed on the same terms.

Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar rpl/tsi To 1.The Special Court for Exclusive Trial of cases under SC & ST Atrocities Act, Villupura District, 2.The Inspector of Police, Gingee Police Station, Villupuram District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Sasikumar, Advocate, SR.No.106842. Crl.O.P.No. 34679 of 2019 AD(CO) CSR: 03/01/2020 https://hcservices.ecourts.gov.in/hcservices/