Madras High CourtCRL OP(MD)/1206/2021disposed of

Mathi @ Mathivanan v. The Deputy Superintendent Of Police

2021-02-01Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :01.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA 1.Mathi @ Mathivanan 2.Ajith @ Ajithkumar ... Petitioners/Accused Nos.1 & 2 Vs.

1.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

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

(Crime No.04 of 2021) ... Respondents/Complainants 3.Muruganatham ... Respondents/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of Code of Criminal Procedure to direct the learned District and Sessions Judge, Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ramanathapuram to consider the bail application of the petitioners on the same day of their surrender in Crime No.04 of 2021 on the file of the second respondent police.

For Petitioner : Mr.D.Balamurugapandi For Respondents 1 & 2 : Mr.R.Erottuchamay Government Advocate (Criminal side)

ORDER

The petitioners are the accused 1 and 2 in Crime No.4 of 2021 of Chatrakudi Police Station, Ramanathapuram District. The said case was registered against the accused under Sections 294(b), 341, 323, 324, 427 and 506(i) of Indian Penal Code and Sections 3(1)(v), 3(i)(r) and 3(1)(s) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 1989. 2.The present petition filed by the petitioners is to direct the learned District and Sessions Judge, Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act Cases, Ramanathapuram, to accept the surrender of the petitioners and also to consider the bail application on the same day. 1/3

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 petitioners and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned District and Sessions Judge, 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, concerned Sessions 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-II) // 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 District and Sessions Judge, Ramanathapuram. 2.The District and sessions Judge, Special Court for Schedule caste and Schedule Tribes (Prevention of Atrocities), Ramanathapuram.

3.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

2/3

4.The Inspector of Police, Chatrakudi Police Station, Ramanathapuram District.

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

COPY TO The Registrar (Judicial), Madurai Bench of Madras High Court,Madurai.

+1 CC to M/s.D.BALAMURUGA PANDI, Advocate ( SR-2561[F] dated 01/02/2021 ) 01.02.2021 NA(CO) TR(16.02.2021) 3P 8C 3/3