Subashchandraboss @ Suresh v. The Deputy Superintendent Of Police

CRL OP(MD). No.934 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Original Jurisdiction ) Date : 25.01.2021 PRESENT THE HONOURABLE MRS .JUSTICE R.HEMALATHA CRL OP(MD). No.934 of 2021 1.Subashchandraboss @ Subesh @ Suresh 2.Parthiban 3.Gugan 4.Perarivalan 5.Vishva ... Petitioners Vs 1.The State rep., by The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Pattukottai Sub Division,Thanjavur District.

2.The Inspector of Police, Madukkur Police Station,Thanjavur District.

(Crime No.03 of 2021) 3.Chinnakannu 4.Alexandar ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, to direct the Special Judge for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act Cases i.e., I Additional District and Sessions Judge, Thanjavur to consider the bail application of the petitioners on the same day of his surrender in Crime No.03 of 2021 on the file of the second respondent police.

For Petitioner :

Mr.K.M.Karunakaran For R1 & R2 :

Mr.R.Erottuchamy Government Advocate (Criminal side)

ORDER

The petitioners are the Accused Nos.1,2,4, 5 and 6 in Crime No.03 of 2021 of Madukkur Police Station, Thanjavur District. The said case was registered against the accused under Sections 294(b), 323 and 352 of Indian Penal Code read with Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015.

2.The present petition filed by the petitioners is to direct the learned I Additional District and Sessions Judge at Thanjavur, to accept the surrender of the petitioners and to consider the bail application on the same day.

3.Mr.R.Erottuchamy, learned Government Advocate (Criminal side) https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.934 of 2021 accepts notice for the respondents 1 and 2. The third respondent is the de-facto complainant and fourth respondent is the victim. 4.Since the prayer itself is to accept the surrender of the petitioners and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned I Additional District Judge (PCR Court), Thanjavur, 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, the concerned Judge, may consider the bail application filed by the petitioners on merits, on the same day of surrender 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) 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 Sessions Judge, Special Court for SC/ST(POA)Act,Thanjavur. 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Pattukottai Sub Division,Thanjavur District.

3.The Inspector of Police,Madukkur Police Station, Thanjavur District.

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

ORDER

IN CRL OP(MD). No.934 of 2021 25.01.2021 (MJ)CO AP(16/02/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2