Kannan v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Thursday, the Twelfth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in Crl.O.P.(MD)No.23192 of 2022
1. Kannan
2. Adaikalam
3. Bharathipandiyan @ Pandi
4. Nithees Kumar @ Nithish
5. Sankar Kumar @ Sankar
6. Anis Kumar @ Anish
7. Thinagaran @ Dinakaran
8. Ponnusamy ... Petitioners/Petitioners Vs 1 The Deputy Superintendent Of Police, Sivagangai Sub Division, Sivagangai District.
2 The Inspector of Police, Elayankudi Police Station, Sivagangai District. Crime No.348 of 2022.
3 Alexpandiyan 4 Aravinth ... Respondents/Respondents Prayer in CRL MP(MD). No.912 of 2023:- Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C, to amend the trial courts name as learned Special Court for Exclusive Trial of cases under SC/ST(POA) Act 1989, Sivagangai instead of learned Special Court for Exclusive Trial of cases under SC/ST(POA) Act 1989, Ramanathapuram in the order made in Crl.O.P. (MD)No.23192 of 2022.
Prayer in Crl.O.P.(MD)No.23192 of 2022 :- Criminal Original Petition filed under Section 482 of 1/3
Criminal Procedure Code, to direct the learned Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Sivgangai to consider the bail application of the petitioners in connection with the FIR in Crime No.348 of 2022 on the file of the second respondent police on the very same date of the surrender of the petitioners and consequently, to enlarge the petitioners on bail on the very same itself by dispoing the petitioners bail application. ORDER:- This Criminal Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. M.S. Jeyakarthik, Advocate for the Petitioners and of Mr. R. Sivakumar, Government Advocate for the 1st and 2nd respondents, this Court made the following order:
This petition has been filed to amend the trial Court's name as learned Special Judge for Exclusive Trial of Cases under SC/ST (PoA) Act, 1989, Sivagangai, instead of learned Special Judge for Exclusive Trial of Cases under SC/ST (PoA) Act, 1989, Ramanathapuram, in the order made in Crl.O.P(MD) No.23192 of 2022 on the file of this Court, dated 03.01.2023.
2.The learned Counsel for the petitioners would submit that in the order dated 03.01.2023, the trial Court name was mentioned as learned Special Judge for Exclusive Trial of Cases under SC/ST (PoA) Act, 1989, Ramanathapuram, instead of learned Special Judge for Exclusive Trial of Cases under SC/ST (PoA) Act, 1989, Sivagangai, and the petitioners could not surrender before the learned Special Judge, Sivagangai, and produce the sureties within the stipulated time as prescribed by this Court.
3.Considering the submission made by the learned counsel for the petitioners, this petition is allowed and the petitioners are directed to surrender before the learned Special Judge for Exclusive Trial of Cases under SC/ST (PoA) Act, 1989, Sivagangai, within ten days from the date of receipt of copy of this order.
4. Registry is directed to carryout the amendment in the order made in Crl.O.P(MD) No.23192 of 2022, dated 03.01.2023 and issue fresh order copy.
Sd/- Assistant Registrar (CS-I) // True Copy // /01/2023 Sub Assistant Registrar(CS) Indu 2/3
TO 1.The Special Judge for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Ramanathapuram.
2. The Special Judge for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Sivagangai.
3. The Deputy Superintendent Of Police, Sivagangai Sub Division, Sivagangai District.
4. The Inspector of Police, Elayankudi Police Station, Sivagangai District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. + 1.c.c. To M/s. M.S. Jeyakarthik SR.No.2476 ORDER DATED : 12/01/2023 ==========================
ORDER
========================== in Crl.O.P.(MD)No.23192 of 2022 Giving direction and etc.
as stated within.
RD(27/01/2023) 3P 7C 3/3