Madras High CourtCRL OP(MD)/62/2021disposed of

Aayi @ Aayipillai v. The Deputy Superintendent Of Police

2021-01-07Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Aayi @ Aayipillai ... Petitioner Vs.

1.The Deputy Superintendent of Police, Melur Sub-Division, 2.The Inspector of Police, Melur Police Station, 3.Adaikalam 4.Balamurugan ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C to direct the III Additional District and Sessions Judge, Madurai (Special Court for exclusive trial of cases under SC/ST (Prevention of Atrocities) Act, to consider the bail petition of the petitioner on the same day on her surrender in connection with Crime No.2224 of 2020 on the file of the second respondent police. For Petitioner : Mr.A.Mohan For Respondents 1 & 2 : Mr.R.Erottuchamay Government Advocate (Crl.side)

ORDER

The petitioner is the accused No.3 in Crime No.2224 of 2020 of Melur Police Station, Madurai District. The said case was registered against the accused under Sections 294(b), 323 and 506(i) IPC and Section 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities), Amendment Act, 2015.

2.The present petition filed by the petitioner is to direct III Additional District Sessions Judge, Madurai (Special Court for exclusively triable of cases under SC/ST (Prevention of Atrocities) Act, to accept the surrender of the petitioner and also to consider the bail application on the same day.

1/3

3.Mr.R.Erottuchamy, learned Government Advocate (Crl.side) takes notice for the respondents 1 and 2. The third respondent is the de-facto complainant.

4.Since the prayer itself is to accept the surrender of the petitioner and consider the bail application by the learned Sessions Judge, Madurai, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned III Additional District Sessions Judge, Madurai (Special Court for exclusive trial of cases under SC/ST (Prevention of Atrocities) Act, within a period of 15 days from the date of receipt of a copy of this order / uploading of the order.

2) On such surrender, concerned Sessions Judge, may consider the bail application filed by the petitioners on merits, after giving notice to the concerned Public Prosecutor.

5.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) rmk Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Deputy Superintendent of Police, Melur Sub-Division, 2/3

2.The Inspector of Police, Melur Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4.The III Additional District Sessions Judge, Madurai. (Special Court for exclusive trial of cases under SC/ST (Prevention of Atrocities) Act) 07.01.2021 VB (20.01.2021) 3P 5C 3/3