Madras High CourtCRL OP(MD)/1021/2021disposed of

Vellaiyappal @ Vellaiyamma v. The Deputy Superintendent Of Police

2021-01-25Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.1021 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.1021 of 2021 Vellaiyappal @ Vellaiyamma ... Petitioner/Sole Accused Vs 1.The Deputy Superintendent of Police, Pudukottai Town Police Station,Pudukottai District. 2.The Inspector of Police, Pudukottai Town Police Station,Pudukottai District. (In Crime No.1585 of 2020)

...Respondents/Complainants

3.Saravanakumar ... Respondent/Defacto Complainant/Victim Prayer: Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, to direct the learned Judge, Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Pudukottai to accept and consider the bail application on the same day of the surrender of the petitioner in Crime No.1585 of 2020 on the file of the second respondent police.

For Petitioner : Mr.A.Arunprasad For Respondents 1 and 2 : Mr.R.Erottuchamy Government Advocate (Criminal side)

ORDER

The petitioner is the sole accused in Crime No.1585 of 2020 of Pudukottai Town Police Station, Pudukottai District. The said case was registered against the accused under Sections 447, 294(b) and 506(i) of Indian Penal Code read with Section 3(2)(va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015.

2.The present petition filed by the petitioner is to direct the learned Judge, Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, Pudukottai to accept the surrender of the petitioner and also to consider the bail application on the same day.

3.Mr.R.Erottuchamy, learned Government Advocate (Criminal side) accepts 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 on the same of surrender, this Court is inclined to pass the following orders :- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1021 of 2021

1) The petitioner should appear before the learned Sessions Judge, Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act Pudukottai, 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 learned Judge may consider the bail application filed by the petitioner on merits on the same day of her 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, Pudukottai.

2.The Deputy Superintendent of Police, Pudukottai Town Police Station,Pudukottai District. 3.The Inspector of Police, Pudukottai Town Police Station,Pudukottai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

ORDER

IN CRL OP(MD). No.1021 of 2021 25.01.2021 (MJ)CO AP(16/02/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2