Madras High CourtCRL OP(MD)/4272/2021allowed

Ramamoorthi v. The Deputy Superintendent Of Police

2021-03-19Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R.THARANI Crl.O.P.(MD)No.4272 of 2021 Ramamoorthi ... Petitioner/Accused Rank not Known Vs.

1. The Deputy Superintendent Of Police, Thirupalaikudi Police Station, Ramanathapuram District.

2.The Sub Inspector of Police Thirupalaikudi Police Station, Ramanathapuram District. : 1st & 2nd Respondents/Complainants (Crime No.180 of 2020) 3.Chellapandi ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Sessions Judge (Special Court of Exclusive Trial of Cases under SC/ST (POA) Act,1989 Ramanathapuram to consider the petitioner's bail application on the day of their surrender in Crime No.180 of 2020 on the file of the respondent police.

For Petitioners : Mr.G.Kasinathadurai For Respondents 1 & 2 : Mr.A.Robinson Government Advocate

ORDER

The Petitioner is the accused in Crime No.180 of 2020 of Thirupalaikudi Police Station, Ramanathapuram District. The said case was registered against the accused under Sections 323, 341, 324 of I.P.C r/w. Sections 3(1)(r) and 3(1)(s) of the Schedule Caste and the Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015 .

2.The present petition filed by the Petitioner is to direct the learned Sessions Judge (Special Court of Exclusive Trial of Cases under SC/ST (POA) Act, Ramanathapuram, to accept the surrender of the petitioner and also to consider the bail application on the same day.

3.Mr.A.Robinson, learned Government Advocate, takes notice for the respondents 1 and 2. The third respondent is the de-facto complainant.

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4.Since the prayer itself is to accept the surrender of the Petitioner and to consider the bail application by the learned Sessions Judge (Special Court of Exclusive Trial of Cases under SC/ST (POA) Act, Ramanathapuram, this Court is inclined to pass the following orders :-

1. Three days after giving notice to the concerned Public Prosecutor and the defacto complainant, the Petitioner should appear before the learned Sessions Judge (Special Court of Exclusive Trial of Cases under SC/ST (POA) Act, Ramanathapuram, within a period of 18 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 Petitioner 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) Mrn 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 of Exclusive Trial of Cases under SC/ST (POA) Act,1989) Ramanathapuram.

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2.The Deputy Superintendent Of Police, Thirupalaikudi Police Station, Ramanathapuram District.

3.The Sub Inspector of Police Thirupalaikudi Police Station, Ramanathapuram District.

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

+1 CC to Mr.G.KASINATHADURAI, Advocate ( SR-12402[F] dated 19/03/2021 ) Crl.O.P.(MD)No.4272 of 2021 19.03.2021 VB (26.03.2021) 3P 6C 3 / 3