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Madras High CourtCRL OP(MD)/1868/2021disposed of

Mahendran v. The Inspector Of Police

2021-02-09Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.1868 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.1868 of 2021 1.Mahendran 2.Sathishkumar

...Petitioners/ Accused

rank not known /Vs./ The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

(Crime No.400 of 2017)

...Respondent/ Complainant

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Additional District and Sessions Judge for PCR Act cases, Sivagangai, to consider the bail application of the petitioners/ Accused on the same day of their surrender in Crime No.400 of 2017 on the file of the respondent police.

For Petitioners : Mr.P.Venkata Subramanian For Respondent : Mr.S.Chandra Sekar Additional Public Prosecutor

ORDER

The petitioners are the accused in Crime No.400 of 2017 of Kalaiyarkovil Police Station, Sivagangai District and the offences alleged against the accused are under Sections 294(b), 324 and 506 (ii) of the Indian Penal Code and Sections 3(1)(r) and 3(1)(s) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015.

2.The present petition filed by the petitioners is to direct the Additional District and Sessions Judge for PCR Act cases, Sivagangai, to accept the surrender of the petitioners and to consider the bail application on the same day. 3.Mr.S.Chandra Sekar, learned Additional Public Prosecutor accepts notice for the respondent.

4.Since the prayer itself is to accept the surrender of the petitioners and to consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the Sessions Judge, Special Court for Schedule Castes and Schedule Tribes (Prevention of Atrocities) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.1868 of 2021 Amendment Act, 2015 Sivagangai, 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 concerned Sessions Judge may consider the bail application filed by the petitioners on merits, on the same day of their 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) 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 Scheduled Castes and Schedule Tribes, (prevention of Atrocities) Amendment Act, 2015 Sivagangai.

2.The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

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

+1 CC to Mr.P.VENKATA SUBRAMANIAN, Advocate ( SR-4420[F] dated 11/02/2021 Crl.O.P.(MD)No.1868 of 2021 09.02.2021 (ES) KV(24.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2