Saranraj v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.05.2021 CORAM :

THE HONOURABLE Mr. JUSTICE A.A.NAKKIRAN Saranraj

...Petitioner/ Accused No.3

Vs.

1.The Deputy Superintendent of Police, Nilakottai Sub-Division, Dindigul District.

2.State , rep. by the Inspector of Police, Nilakottai Police Station, Dindigul District Cr No. 273/2021.

...Respondents 1 & 2/ Complainant

3.Pothu Manickam ...3rd Respondent/ Defacto complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Judge (Special Court for Exclusive Trial of SC /ST Cases), Dindigul, to accept the surrender of the Petitioner and consider his bail application on the same day on merits in relating to Crime No.273 of 2021, dated 04.05.2021, on the file of the respondent police. For Petitioner :Mr.S.Mahendrapathy For R1 & R2 :Mr.R.Srinivasan Government Advocate (criminal side)

ORDER

This Criminal Original Petition has been filed praying for a direction to the learned Principal District and Sessions Judge (Special Court for Exclusive Trial of SC /ST Cases) Dindigul, to accept the surrender of the petitioner and also to consider the bail application and pass orders on merits on the same day. 2.The petitioner is the third accused in Crime No.273 of 2021 on the file of the second respondent for the offences punishable under Sections 294(b), 323 and 506(i) of IPC and Sections 3(1)(r), 3 (1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3.Mr.R.Srinivasan, learned Government Advocate (criminal side) 1/3

accepts notice for the respondents 1 and 2.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioner shall appear before the learned Principal District and Sessions Judge (Special Court for Exclusive Trial of SC /ST Cases) Dindigul, 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, the concerned Judge shall consider the bail application filed by the petitioner and pass orders on merits on the same day of his surrender, after hearing the defacto complainant by complying with Section 15-A of the Act.

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

Sd/- 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.

To:

1.The Principal District and Sessions Judge (Special Court for Exclusive Trial of SC /ST Cases) Dindigul.

2.The Deputy Superintendent of Police, Nilakottai Sub-Division, Dindigul District.

3.The Inspector of Police, Nilakottai Police Station, Dindigul District 2/3

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

12.05.2021 RP (25.05.2021) P 5C 3/3