Madras High CourtCRL OP(MD)/1728/2021disposed of

Rajendran v. The Deputy Superintendent Of Police

2021-02-08Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA 1.Rajendran 2.Dharmar ... Petitioners/A5 & A6 Vs.

1.The State By the Deputy Superintendent of Police, Vedasandur Division, Dindigul District.

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

(Crime No.24 of 2021) 3.Santhi @ Nagammal 4.Nandhagopal ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Additional District and Sessions Judge, (Special Court for PCR Act Cases), Dindigul, to consider the bail application of the petitioners on the same day of their surrender in Crime No.24 of 2021 on the file of the second respondent police.

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

ORDER

The petitioners are the accused 5 and 6 in Crime No.24 of 2021 of Vedasandur Police Station, Dindigul District and the offences alleged against the accused are under Sections 147, 294(b), 363 and 506(i) 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.

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2.The present petition filed by the petitioners is to direct the learned Additional District and Sessions Judge, (Special Court for PCR Act Cases), 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 and the fourth respondent is the victim.

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

1) The petitioners should appear before the Sessions Judge, Special Court for the Schedule Castes 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, 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-III) // 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 PCR Act Cases), Dindigul.

2.The Sessions Judge, Special Court for the Schedule Cases and Schedule Tribes (Prevention of Atrocities) Act, Dindigul.

3.The Deputy Superintendent of Police, Vedasandur Division, Dindigul District.

4.The Inspector of Police, Vedasandur Police Station, Dindigul District.

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

+1 CC to Mr.D.VENKATESH, Advocate ( SR-3925[F] dated 09/02/2021 ) 08.02.2021 KM (24.02.2021) 3P 7C 3/3