Kasi v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA 1.Kasi 2.Singathdurai 3.Amutha 4.Indhira 5.B.Duraipandi ... Petitioners/Accused No.1 to 5 Vs.

State rep. by 1.The Deputy Superintendant of Police, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Nainarkoil Police Station, Ramanathapuram District.

(Crime No.6 of 2021) ...1st & 2nd Respondents/Complainants 3.Bharathikannan ...3rd Respondent/Defacto Complainant/ Victim Prayer : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned Sessions Judge, Special Court for Trial of cases registered under Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, Ramanathapuram, and to accept and consider the bail application on the same day of the surrender of the petitioners in Crime No.06 of 2021 on the file of the second respondent.

For Petitioner : Mr.K.Sathish Kumar For Respondents 1 & 2 : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

The petitioners are the accused 1 to 5 in Crime No.06 of 2021 of Nainarkoil Police Station, Ramanathapuram District. The said case was registered against the accused under Sections 147, 294 (b), 323, 365 and 506(ii) of India Penal Code and Section 3(1) (r), 3(1) (s) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989.

2.The present petition filed by the petitioners is to direct the learned Sessions Judge, Special Court for Trial of cases registered under Schedule Caste and Schedule Tribes (Prevention of 1/3

Atrocities) Act, 1989, Ramanathapuram, to accept the surrender of the petitioners and to consider the bail application on the same day.

3.Mr.A.Robinson, learned Government Advocate (Criminal side) accepts notice for the respondents 1 and 2. The third respondent is the de-facto complainant / victim. 4.Since the prayer itself is to accept the surrender of the petitioners and to consider the bail application by the learned Sessions Judge, Special Court for Trial of cases registered under Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, Ramanathapuram, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned Sessions Judge, Special Court for Trial of cases registered under Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, Ramanathapuram, 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, learned Sessions Judge, Special Court for Trial of cases registered under Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, Ramanathapuram, 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 (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) rm 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.

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To 1.The Sessions Judge, Special Court for Trial of cases registered under SC/ST(POA) Act, Ramanathapuram 2.The Deputy Superintendant of Police, Paramakudi, Ramanathapuram District.

3.The Inspector of Police, Nainarkoil Police Station, Ramanathapuram District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.SATHISH KUMAR,Advocate ( SR-2272[F] dated 27/01/2021) 22.01.2021 (MJ)CO AP(08/02/2021) 3P 6C 3/3