Madras High CourtCRL OP(MD)/5705/2021disposed of

Premraj v. The Deputy Superintendent Of Police

2021-04-21Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN

1. Premraj

2. Premkumar

3. Pandiarajan

4. Ragupathy

5. Tamilarasan

6. Panneerselvam

7. Pichaipandi

8. Kalaiyarasan Petitioners Vs.

1. The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

2. The Inspector of Police, Thirupuvanam Police Station, Sivagangai District.

(Crime No.129 of 2021)

3. Muneeswaran ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, pleased to direct the Special Judge for SC/ST (Prevention of Atrocities) Act / District & Sessions Judge (PCR Unit), Sivagangai to consider the bail application of the petitioners on the same day of their surrender in Crime No.129 of 2021 on the file of the respondent police and pass such other or further orders as this Court may deem fit and proper in the circumstances of the case.

For Petitioners : Mr.S.Muniyandi For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) for R1 & R2.

ORDER

The petitioners are the accused 2 to 9 in Crime No.129 of 2021 of Thirupuvanam Police Station, Sivagangai District and the offences alleged against the accused are under Sections 147, 148, 294(b), 324, 506(2) of I.P.C. r/w. 3(1) (r), 3(1) (s) of SC ST (Prevention of Atrocities) Act, 1989.

2. The present petition filed by the petitioners is to direct 1/3

the learned Special Judge for SC/ST (Prevention of Atrocities) Act/District and Sessions Judge (PCR Unit), Sivagangai, to accept the surrender of the petitioners 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 & 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, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned Special Judge for SC/ST (Prevention of Atrocities) Act/District and Sessions Judge (PCR Unit) Sivagangai, 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 and by complying Section 15(5) of the Act.

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

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm 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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G.ILANGOVAN, J., kmm To

1. Special Judge for SC/ST (Prevention of Atrocities) Act/ District and Sessions Judge (Pcr Unit) Sivagangai.

2. The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3. The Inspector of Police, Thirupuvanam Police Station, Sivagangai District.

21.04.2021 CN(20.05.2021) 3P 4C 3/3