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Madras High CourtCRL OP(MD)/2843/2021allowed

Elangovan v. The Deputy Superintendent Of Police

2021-02-24Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R.THARANI 1.Elangovan 2.Aravinthan @ Aravinthkumar ... Petitioners Vs.

1.The Deputy Superintendent of Police, Oddanchatram Sub-Division, Dindigul District.

2.State Rep. by The Inspector of Police, Ambilikkai Police Station, Dindigul District.

(in Crime No.37 of 2021) 3.Manickam ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C to direct the learned Principal District and Sessions Judge (Special Court for Exclusive Trial of SC/ST Cases), Dindigul to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.37 of 2021, dated 17.02.2021 on the file of the respondent police. For Petitioners : Mr.P.Kalaiyarasi Bharathi For Respondents 1&2 : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

The petitioners are the accused 1 and 2 in Crime No.37 of 2021 of Ambilikkai Police Station, Dindigul District. The said case was registered against the accused under Sections 294(b), 323, 355 and 506(1) of IPC r/w 3(1)(r), 3(1)(s) and 3(2)(va) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 2.The present petition filed by the petitioners is to direct the learned Principal District and Sessions Judge (Special Court for Exclusive Trial of SC/ST Cases), Dindigul, to accept the 1/3

surrender of the petitioners and also to consider the bail application on the same day.

3.Mr.A.Robinson, learned Government Advocate (Criminal Side), takes 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 by the Principal District and Sessions Judge (Special Court for Exclusive Trial of SC/ST Cases), Dindigul, this Court is inclined to pass the following orders :- (i) After giving notice to the concerned Public Prosecutor and the defacto complainant, the petitioners should appear before the Principal District and Sessions Judge (Special Court for Exclusive Trial of SC/ST Cases), Dindigul, within a period of 15 days from the date of receipt of a copy of this order / uploading of the order.

(ii) On such surrender, concerned Sessions Judge, may consider the bail application filed by the petitioners on merits, preferably on the same date.

5.With the above observation, this Criminal Original Petition is allowed.

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.

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To

1. The Principal District and Sessions Judge (Special Court for Exclusive Trial of SC/ST Cases), Dindigul.

2. The Deputy Superintendent of Police, Oddanchatram Sub-Division, Dindigul District.

3. The Inspector of Police, Ambilikkai Police Station, Dindigul District.

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

Order made in 24.02.2021 KUN(CO) SRS (02/03/2021) 3P : 5C 3/3