Madras High CourtCRL OP(MD)/1182/2021disposed of

Jeyaprakash v. The Deputy Superintendent Of Police

2021-01-29Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.1182 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.1182 of 2021 Jeyaprakash

...Petitioner/Accused No.1

Vs.

1.The Deputy Superintendant of Police, Rajapalayam Sub Division, Virudhunagar District.

2.The Sub-Inspector of Police, Keelarajakularaman Police Station, Virudhunagar District.

(Crime No.3 of 2021) ...Respondent /Complainant 3.Shanmugavel 4.Duraipandi

...Respondent/Defacto Complainant

Prayer : Criminal Original Petition filed under Section 482 of Code of Criminal Procedure Code, to direct the learned Special Additional District Judge, (Prevention of Atrocities Act Cases), Srivilliputhur, Virudhunagar District, to accept and consider the bail application on the same day of the surrender of the petitioner in Crime No.3 of 2021, dated 13.01.2021 on the file of the second respondent police.

For Petitioner : Mr.A.Ananda Raj For Respondents 1 & 2 : Mr.R.Erottuchamy Government Advocate (Criminal side)

ORDER

The petitioner is the first accused in Crime No.3 of 2021 of Keelarajakularaman Police Station, Virudhunagar District. The said case was registered against the accused under Sections 341, 294 (b), 307 and 506(2) of India Penal Code r/w Sections 3(1) (s), 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 Special Additional District Judge, (Prevention of Atrocities Act Cases), Srivilliputhur, Virudhunagar District, to accept the surrender of the petitioner 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 and fourth respondents are the de-facto complainant. 4.Since the prayer itself is to accept the surrender of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.1182 of 2021 petitioner and to consider the bail application by the learned Special Additional District Judge, (Prevention of Atrocities Act Cases), Srivilliputhur, Virudhunagar District, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned Special Additional District Judge, (Prevention of Atrocities Act Cases), Srivilliputhur, Virudhunagar District, 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 Special Additional District Judge, (Prevention of Atrocities Act Cases), Srivilliputhur, Virudhunagar District, may consider the bail application filed by the petitioner 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.R. To 1.The Special Additional District Judge, (Prevention of Atrocities Act Cases), Srivilliputhur, Virudhunagar District.

2.The Deputy Superintendant of Police, Rajapalayam Sub Division, Virudhunagar District.

3.The Sub-Inspector of Police, Keelarajakularaman Police Station, Virudhunagar District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.1182 of 2021 29.01.2021 MJ(CO) KB(08.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2