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Madras High CourtCRL OP(MD)/6673/2021allowed

Chinnasami @ Pravin @ Dravid v. The Deputy Superintendent Of Police

2021-05-13Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD) No.6673 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.05.2021 CORAM :

THE HONOURABLE Mr. JUSTICE A.A.NAKKIRAN Crl.O.P.(MD) No.6673 of 2021 Chinnasami @ Pravin @ Dravid ...Petitioner/Accused No.7 Vs.

1.The Deputy Superintendent of Police, Nilakottai Sub Division, Dindigul District. ...1st Respondent 2.The Inspector of Police, Vilampatti Police Station, Dindigul Disrict.

(In Crime No.43 of 2021) ...2nd Respondent/Complainant 3.Nithinkumar ...3rd Respondent/Defacto Complainant Prayer :

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the Sessions Judge, Special Court for trial cases registered under SC / ST(POA) Act cases, Dindigul, to consider the petitioner's bail application on the date of surrender in connection with the Crime No.43 of 2021 on the file of the 2nd respondent police.

For Petitioner :Mr.K.Anbumanikandan 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 Sessions Judge, Special Court for trial cases registered under SC/ST (POA) Act Cases, Dindigul to consider the petitioner's bail application on the date of his surrender in connection with Crime No.43 of 2021 on the file of the 2nd respondent police.

2.The petitioner is the 7th accused in Crime No.43 of 2021 on the file of the 2nd respondent police for the offences punishable under Sections 147, 148, 294(b), 324 of IPC r/w 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989. 3.Mr.R.Srinivasan, learned Government Advocate (criminal side) accepts notice for the respondents 1 and 2.

4.Considering the facts and circumstances of the case, this https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.6673 of 2021 Court is inclined to pass the following orders :- 1)The petitioner shall appear before the learned Sessions Judge Special Court for trial cases registered under SC/ST (POA) Act 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 Sessions Judge, Special Court for trial cases registered under SC/ST (POA) Act Cases, Dindigul.

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

3.The Inspector of Police, Vilampatti Police Station, Dindigul Disrict.

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

Crl.O.P.(MD)No.6673 of 2021 13.05.2021 RP (25.05.2021) P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2