Madras High CourtCRL OP(MD)/5492/2021disposed of

K.Anburaja v. The Deputy Superintendent Of Police

2021-04-19Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN K.Anburaja ... Petitioner Vs.

1.The Deputy Superintendent of Police, Office of the Superintendant of Police, Ponnamaravathi, Pudukottai District.

2.The Inspector of Police, Arimalam Police Station, Pudukottai District.

... 1st & 2nd Respondents/ Complainant 3.Arumugam ... 3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned District and Sessions Judge to consider the bail application on his surrender on the same day before the Special Court for Exclusive Trial SC/ST (Prevention of Atrocities) Act cases, Pudukottai in Crime No.71 of 2021 on the file of the second respondent.

For Petitioner : Mr.P.Arun Jayatram For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

ORDER

The petitioner is the accused in Crime No.71 of 2021 of Arimalam Police Station, Pudukottai District and the offences alleged against the accused are under Sections 294(b), 323 and Section 3(1)(r), 3(1)(s) and 3(2)(ee) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 1989.

2.The present petition filed by the petitioner is to direct the learned District and Sessions Judge, Special Court for Exclusive Trial SC/ST (Prevention of Atrocities) Act cases, 1/3

Pudukottai, to accept the surrender of the petitioner and also to consider the bail application on the same day. 3.Mr.K.Suyambulinga Bharathi, learned Government Advocate (crl.side) 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 :-

1) The petitioner should appear before the learned District and Sessions Judge, Special Court for Exclusive Trial SC/ST (Prevention of Atrocities) Act cases, Pudukottai, 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.

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

Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) cp 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 District and Sessions Judge, Special Court for Exclusive Trial SC/ST (Prevention of Atrocities) Act cases, Pudukottai.

2.The Deputy Superintendent of Police, Office of the Superintendant of Police, Ponnamaravathi, Pudukottai District.

3.The Inspector of Police, Arimalam Police Station, Pudukottai District.

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

+1 CC to M/s.P.ARUN JAYATRAM, Advocate ( SR-16381[F] dated 19/04/2021 ) 19.04.2021 ES(CO) TR(06.05.2021) 3P 6C 3/3