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Madras High CourtCRL OP(MD)/6762/2021allowed

Palpandi v. The Inspector Of Police

2021-05-12Honourable Mr Justice K.Murali Shankar3 pages

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

THE HONOURABLE Mr. JUSTICE A.A.NAKKIRAN

1. Palpandi

2. Alagarsamy @ Kishore

3. Lakshmanan

...Petitioners /Accused Nos.1-3

Vs.

The State rep. by 1.The Inspector of Police, Vadipatti Police Station, Madurai District.

(Crime No.228 of 2021) ...1st Respondent/Complainant 2.S.Perumalsamy ...2nd Respondent/Complainant 3.Muthu 4.Narasingam 5.Alagupandi

...Respondents 3 to 5/Aggreived Persons

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned III Additional Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989,(PCR Court), Madurai District, to accept the surrender of the petitioners and consider the petitioners' bail application and grant bail on the date of surrender itself in Crime No.228 of 2021, on the file of the first respondent.

For Petitioners :Ms.T.Lavanya For R1 :Mr.R.Srinivasan Government Advocate (criminal side)

ORDER

This Criminal Original Petition has been filed praying for a direction to the learned III Additional Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989,(PCR Court), Madurai District, to accept the surrender of the petitioners and also to consider the bail application and pass orders on merits on the same day. 2.The petitioners are the accused Nos.1 to 3, in Crime No.228 of 2021 on the file of the first respondent for the offences punishable under Sections 294(b), 324 and 506(ii) of I.P.C. and Section 3(1) (r), 3(1) (s), 3(2) (Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3.Mr.R.Srinivasan, learned Government Advocate (criminal side) 1/3

accepts notice for the first respondent.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioners shall appear before the learned III Additional Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,(PCR Court), Madurai District, 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 petitioners and pass orders on merits on the same day of their 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 III Additional Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,(PCR Court), Madurai District.

2.The Inspector of Police, Vadipatti Police Station, Madurai District.

2/3

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

+3 CC to M/s.T.LAVANYA, Advocate ( SR-18563[F] dated 17/05/2021 ) 12.05.2021 RP(24.05.2021) P 7C 3/3