Madras High CourtCRL OP(MD)/6117/2021disposed of

Kodeeswaran v. The Deputy Superintendent Of Police

2021-04-29Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN 1.Kodeeswaran 2.G.Muneeswaran 3.T.Prabhu @ Muruga Prabhu ... Petitioners/ Accused Nos.1 to 3 Vs.

1.The Deputy Superintendent of Police, Sivakasi, Virudhunagar District.

2.The Inspector of Police, Thiruthangal Police Station, Virudhungar District.

(Crime No.196/2020).

... 1st and 2nd Respondents/ Complainant 3.R.Balamurugan ... 3rd Respondent/Defacto Complainant 4.Mareeswaran 5.Saravanan ... 4th & 5th Respondent/ Victims Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned Sessions Judge, Special Court for SC/ST (POA) Act, Virudhunagar District at Srivilliputhur to consider the bail application to be filed by the petitioners on same day on their surrender in connection with Crime No.196 of 2021 on the file of the second respondent. For Petitioners : Mr.G.R.Satish For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

ORDER

The petitioners are the accused Nos.1 to 3 in Crime No.196 of 2021 of Allinagaram Police Station, Theni District and the offences alleged against the accused are under Sections 147, 294(b), 323 and 324 of I.P.C., r/w Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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2.The present petition is filed by the petitioners is to direct the learned Sessions Judge, Special Court for SC/ST (POA) Act, Virudhunagar District at Srivilliputhur, 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 and 2. The third and fourth respondents are 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 learned Sessions Judge, Special Court for SC/ST (POA) Act, Virudhunagar District at Srivilliputhur, 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 of the Section 15(5) of the Act.

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

Sd/- Assistant Registrar (P&A) // 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.

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CP To 1.The Sessions Judge, Special Court for SC/ST (POA) Act, Virudhunagar District at Srivilliputhur.

2.The Deputy Superintendent of Police, Sivakasi, Virudhunagar District.

3.The Inspector of Police, Thiruthangal Police Station, Virudhungar District.

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

+1 CC to M/s.G.R.SATISH, Advocate ( SR-17983[F] dated 29/04/2021 ) 29.04.2021 GS (21.05.2021) 3P 6C 3/3