← Library
Madras High CourtCRL OP(MD)/6470/2021disposed of

Thangarasu v. The Deputy Inspector Of Police

2021-05-05Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.05.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE S.ANANTHI 1.Thangarasu 2.Satheesh @ Satheeshkumar 3.Soranai Ramaiya @ Ramaiya 4.MC Karuppan 5.Rengarasu 6.Muthu @ Adaikkalam ... Petitioners Vs.

1. The Deputy Inspector of Police, Illuppur Sub Division, Illuppur, Pudukkottai District.

2. The Sub Inspector of Police, Annavasal Police Station, Annavasal, Pudukkottai District.

3. Adaikkan ... Respondents Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the Court of Principal Sessions Judge, Pudukkottai District (Special Court for SC/ST Act cases) to consider the bail application of the petitioners in crime No.163 of 2021 on the same date of surrender and dispose the same on its merits and in accordance with law.

For Petitioners : Mr.P.Ganapathi Subramanian For R1 & R2 : Mr.K.K.Ramakrishnan, Additional Public Prosecutor.

ORDER

The petitioners are the accused in Crime No.163 of 2021 on the file of the second respondent for the offences punishable under Sections 147, 294(b), 323, 355 and 506(1) IPC r/w Sections 3(1)(r), 3 (1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

1/3

2.The present petition filed by the petitioners is to direct the learned Principal Sessions Judge, Pudukkottai District (Special Court for SC/ST Act cases) to accept the surrender of the petitioners and also to consider the bail application on the same day. 3.Mr.K.K.Ramakrishnan, learned 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 petitioners and consider the bail application, this Court is inclined to pass the following orders :- 1)The petitioners should appear before the learned Principal Sessions Judge, Pudukkottai District (Special Court for SC/ST Act cases) 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 along with notice served to the defacto complainant, concerned Judge, may consider the bail application filed by the petitioners on merits on the same day of surrender, after hearing the defacto complainant by complying with Section 15(5) of the Act.

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

Sd/- Assistant Registrar (AD-II) Vacation Officer // 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.

2/3

To

1. The Principal Sessions Judge, Pudukkottai District.

2. The Deputy Inspector of Police, Illuppur Sub Division, Illuppur, Pudukkottai District.

3. The Sub Inspector of Police, Annavasal Police Station, Annavasal, Pudukkottai District.

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

05.05.2021 GNS/SSB TE : 02/06/2021 : 3P/5C 3/3