Madras High CourtCRL OP(MD)/6930/2021disposed of

V.Hari@Hari Krishnan 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.Hari @ Hari Krishnan S/o.Veerapan ... Petitioner/A-4 Vs.

The State rep.by 1.The Deputy Superintendent of Police, Samayanallur, 2.The Inspector of Police, Vadipatti Police Station, Vadipatti-Taluk, Madurai District. ...Respondent Nos.1&2/Complainant 3.Perumalsamy ... Respondent No.3/ Defacto complainant/Victim Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the Special Court for Trial of Cases under SC/ST Act, 1989, Madurai District to accept the petitioner's surrender and consider his bail application on the same day in connection with Crime No.228 of 2021 dated 10.05.2021 on the file of the second respondent in accordance with law.

For Petitioners : Mr.M.AArumugam For R1 & 2 : Mr.S.Ravi, Additional Public Prosecutor.

ORDER

The petitioner is the accused in Crime No.228 of 2021 of Vadipatti Police Station, Vadipatti-Taluk, Madurai District, and the offences alleged against the accused are under Sections 294(b), 324, 506(2) of IPC and Sections 3(1)(r), 3(1) (s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 1989. 2.The present petition filed by the petitioner to direct the learned Special Court for Trial of Cases under SC/ST Act, 1989, Madurai District, to accept the surrender of the petitioner and also to consider the bail application on the same day. 1/3

3.Mr.S.Ravi, Additional Public Prosecutor accepts notice for the respondents 1 and 2. The third respondent is the de-facto complainant.

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 Special Court for Trial of Cases under SC/ST Act, 1989, Madurai District, 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 petitioner 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 //True copy// / /2021 Sub Assistant Registrar TTA 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 Judge, The Special Court for Trial of Cases under SC/ST Act, 1989, Madurai, Madurai District.

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

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

Order made in 19.05.2021 SSS(CO) SRS/03.06.2021/3P/5C 3/3