Madras High CourtCRL OP(MD)/5069/2021disposed of

Ajith @ Ajithkumar v. The Deputy Superintendent Of Police

2021-04-07Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.5069 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.5069 of 2021 Ajith @ Ajithkumar ... Petitioner/Accused No 3 Vs.

1.The Deputy Superintendent of Police, Nilakottai Division, Dindigul District, Dindigul District.

2.The Inspector of Police, Ammanaickanur Police Station, Crime No.130 of 2021 , Dindigul District.

...Respondent 1 and 2/Complainants

3.P.Rajamanickam ...3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Special Court for Trial of Cases registered under SC/ST (POA) Act Cases, Dindigul to accept the surrender of this petitioner in connection with Crime No.130 of 2021 pending on the file of the second respondent and to consider his bail application on the same day of surrender on merits.

For Petitioner : Mr.J.William Christopher For Respondents 1 & 2 : Mr.R.Anandharaj Additional Public Prosecutor

ORDER

The petitioner is the third accused in Crime No.130 of 2021 of Ammanaickanur Police Station, Dindigul District and the offences alleged against the accused are under Sections 147, 341, 324 and 506 (ii) of IPC and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 2.The present petition filed by the petitioner is to direct the learned Special Court for Trial of Cases registered under SC/ST (POA) Act Cases, Dindigul, to accept the surrender of the petitioner and also to consider the bail application on the same day. 3.Mr.R.Anandharaj, learned Government Additional Public Prosecutor accepts 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 petitioner and consider the bail application, this Court is inclined to pass the following orders :- https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5069 of 2021

1) The petitioner should appear before the learned Special Court for Trial of Cases registered under SC/ST (POA) Act Cases, 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 petitioner on merits on the same day of surrender, after giving notice to the concerned Public Prosecutor and by complying Section 15(5) of the Act.

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

Sd/- Assistant Registrar (CSII) // 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 Special Court for Trial of Cases registered under SC/ST (POA) Act Cases, Dindigul. 2.The Deputy Superintendent of Police, Nilakottai Division, Dindigul District, Dindigul District.

3.The Inspector of Police, Ammanaickanur Police Station, Dindigul District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.J.WILLIAM CHRISTOPHER, Advocate ( SR-15365[F] dated 07/04/2021 ) Crl.O.P.(MD)No.5069 of 2021 07.04.2021 DKS(CO) KB(19.04.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2