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Madras High CourtCRL OP(MD)/6855/2021disposed of

V. Selvakani v. The Deputy Superintendent Of Police

2021-05-19Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.05.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN V.Selvakani ... Petitioner Vs.

1. The Deputy Superintendant of Police, Thirupathur, Sivagangai District.

2. The Inspector of Police, Nachiyarpuram Police Station, (Crime No.43 of 2021)

3. N.Maruthupandi ... Respondents Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Special Court for Trial of cases under SC/ST (POA) Act Sivagangai to accept the surrender of the petitioner and consider her bail application on the same day in Crime No.43 of 2021 on the file of the respondent police.

For Petitioner : Mr.M.V.M.Jegadeesha Pandian For R1 & 2 : Mr.S.Ravi, Additional Public Prosecutor.

ORDER

The petitioner is the sole accused in Crime No.43 of 2021 of Nachiyarpuram Police Station, Sivagangai District and the offences alleged against the accused are under Sections 294(b), 323, 324, 427, 506(ii) IPC r/w Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, 1989. 2.The present petition has been filed by the petitioner to direct the learned Special Court for Trial of cases under SC/ST (POA) Act Sivagangai, to accept the surrender of the petitioner 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 third respondent is the de-facto complainant.

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4.Since the prayer itself is to accept the surrender of the petitioner and consider the bail application, this Court is inclined to pass the following orders :- 1)The petitioner should appear before the learned learned Special Court for Trial of cases under SC/ST (POA) Act Sivagangai, 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/ 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 Special Court for Trial of cases under SC/ST (POA) Act Sivagangai.

2. The Deputy Superintendant of Police, Thirupathur, 2/3

3. The Inspector of Police, Nachiyarpuram Police Station,

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

19.05.2021 GNS TE : 02/06/2021 : 3P/5C 3/3