N.U.Sivaraman v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA 1.N.U.Sivaraman 2.M.Maniarasan 3.M.Kasinathan 4.E.Murugan 5.S.Jeyasooriya 6.N.Ganesamoorthy @ Ganesan ... Petitioners/Accused 1 to 6 Vs.

1.The State Rep. by The Deputy Superintendant of Police, Office of the Deputy Superintendent of Police, Nilakottai Sub Division, Dindigul District.

2.The Inspector of Police, Ammayanayakanur Police Station, Dindigul District.

Crime No.13 of 2021 ... 1st & 2nd Respondents/Complainants 3.Pavunthai ...3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, to accept the surrender of the petitioners by the Special Judge for Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act i.e The Additional District and Sessions Judge,Dindigul in connection with the Crime No.13 of 2021 on the file of the second respondent police and to consider the bail application filed by the petitioners on the same day. For Petitioners :

Mr.M.Chellapandian For Respondents 1 & 2 :

Mr.R.Erottuchamy Government Advocate (Criminal side)

ORDER

The petitioners are the accused 1 to 6 in Crime No.13 of 2021 of Ammayanayakanur Police Station, Dindigul District. The said case was registered against the accused under Sections 147, 447, 294(b), 353, 427, 506(ii) of Indian Penal Code and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act r/w Sections 3(1) (r) (s), 3(2)(va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015. 1/3

2.The present petition filed by the petitioners is to direct the learned Additional District and Sessions Judge, Special Court for Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, Dindigul, 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) 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 Additional District and Sessions Judge, Special Court for Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, Dindigul, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned Additional District and Sessions Judge, Special Court for Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, Dindigul, 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 Additional District and Sessions Judge, Special Court for Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, Dindigul, 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) Sji 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 Additional District and Sessions Judge, Special Court for Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, Dindigul.

2.The Deputy Superintendant of Police, Office of the Deputy Superintendent of Police, Nilakottai Sub Division, Dindigul District.

3.The Inspector of Police, Ammayanayakanur Police Station, Dindigul District.

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

27.01.2021 (NA)CO AP(08/02/2021) 3P 5C 3/3