Madras High CourtCRL OP(MD)/23540/2016dismissed

R. Vignesh Alias Vignesh Kumar v. The Inspector Of Police

2016-12-20Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2016

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.23540 of 2016 1.R.Vignesh @ Vignesh Kumar 2.R.A.Santhakumar 3.S.Sundara Rajan @ Sundar 4.Sugumar 5.Siva 6.Neppoliyan 7.Thivakar Petitioners/A2,3,5,6,7,8,&10 ..Vs The State Rep. by its The Inspector of Police, Kollidam Police Station, Trichy District.

(Crime No.758 of 2016) .. Respondent / Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned I-Additional District and Sessions Judge Cum PCR Court, Trichy to accept the surrender of the Petitioners and to consider their bail application on the same day in connection with the Crime No. 758 of 2016 on the file of the respondent police and pass any other order. For Petitioners : Mr.B.Jameel Arasu For Respondent : Mr.A.P.Balasubramani Government Advocate (Crl. Side)

O R D E R

This petition has been filed to direct learned I-Additional District and Sessions Judge Cum PCR Court, Trichy, to accept the surrender of the Petitioners and to consider their bail application on the same day, in connection with the Crime No. 758 of 2016 , on the file of the respondent police.

https://hcservices.ecourts.gov.in/hcservices/ 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent and perused the

materials available on record.

3. In respect of the offences punishable under the provisions of Scheduled Castes and Scheduled Tribes Act, the Deputy Superintendent of Police is the investigating officer. But in the present case, the Deputy Superintendent of Police concerned has not been made as a party respondent. Instead, the Inspector of Police, Kollidam Police Station, Trichy District, who is not a competent person, has been made as a party. Therefore, this Criminal Original Petition is liable to be dismissed.

4. In the result, this Criminal Original Petition is dismissed. However, liberty is given to the petitioner to file fresh application.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Kollidam Police Station, Trichy District.

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

PJL MAS/MPA-JK:12.01.2017: 2P/3 C Crl.O.P.(MD) No.23540 of 2016 20.12.2016 https://hcservices.ecourts.gov.in/hcservices/