Murugan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.05.2021 CORAM :

THE HONOURABLE Mr.JUSTICE G.ILANGOVAN 1.Murugan 2.Ananth @ Ananth Ramar

...Petitioners/Accused Nos.1&2

Vs.

The State rep.by 1.The Deputy Superintendent of Police, Srivilliputhur, 2.The Inspector of Police, Malli Police Station, (In Crime No.39 of 2021) ...Respondents 1&2/Complainants 3.Mareeswaran ...3rd Respondent/ Defacto complainant 4.Satheeswaran ...4th Respondent/Victim-injured Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Sessions Judge, Special Court for SC/ST (POA) Act, Srivilliputhur to accept the surrender of the petitioners and consider their bail applications on the same day on merit in relating to crime Number.39 of 2021 dated 28.04.2021. For Petitioners: Mr.S.Deenadhayalan For R1 & R2 : Mr.S.Ravi Additional Public Prosecutor.

ORDER

The petitioners are the accused in Crime No.39 of 2021 on the file of the 2nd respondent police and the offences alleged against the accused are under Sections 147, 323, 324, 427 of IPC r/w 3(i) (r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 2.The present petition has been filed by the petitioners to direct the learned Sessions Judge, Special Court for SC/ST (POA) Act, Srivilliputhur, Virudhunagar District, to accept the surrender 1/3

of the petitioners and also to consider the bail application on the same day.

3.Mr.S.Ravi, Additional Public Prosecutor accepts notice for the respondents 1 and 2. The 3rd 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 Sessions Judge, Special Court for SC/ST (POA) Act, Srivilliputhur, within a period of 15 days from the date of resumption of the normal work of the Court below, due to the prevailing COVID-19 situation.

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(CS-III) //True copy// / /2021 Sub Assistant Registrar MM/IAS 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.

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

2.The Deputy Superintendent of Police, Srivilliputhur, 2/3

3.The Inspector of Police, Malli Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.S.DEENADAYALAN,Advocate ( SR-18581[F] dated 21/05/2021 ) Order made in Crl.O.P.(MD)No.6467 of 2021 20.05.2021 TP(CO) SRS/03.06.2021/3P/6C 3/3