Madras High CourtCRL OP(MD)/6900/2021disposed of

Nallaiah 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 1.Nallaiah 2.Anbu 3.Muthu Karuppaiah

...Petitioners/A1 to A3

Vs.

1.The Deputy Superintendent of Police, Pudukottai, Pudukottai District.

2.The Inspector of Police, Vellanur Police Station, Pudukottai District.

Cr.No.114 of 2021. ...Respondent 1&2/Complainant 3.Marimuthu

...Respondent-3/

Defacto complainant Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Special Court for Scheduled Caste/Schedule Tribe (Protection of Civil Rights), Pudukottai to consider the petitioner's bail application on the same day in connection with the case in Cr.No.114 of 2021 on the file of the second respondent police.

For Petitioners : Mr.R.Balakrishnan For R1 & 2 : Mr.S.Ravi, Additional Public Prosecutor.

ORDER

The petitioners are the accused Nos.1 to 3 in Crime No.114 of 2021 of Vellanur Police Station, Pudukottai District and the offences alleged against the accused are under Sections 147, 148, 294(b) and 324 IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2.The present petition has been filed by the petitioners to direct the learned Special Court for Scheduled Caste/Schedule Tribe 1/3

(Protection of Civil Rights), Pudukottai to accept the surrender of the petitioners 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.

4.Since the prayer itself is to accept the surrender of the petitioners and consider the bail application, this Court is inclined to pass the following orders :- 1)The petitioners should appear before the learned learned Special Court for Scheduled Caste/Schedule Tribe (Protection of Civil Rights), Pudukottai, 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 //True copy// / /2021 Sub Assistant Registrar GNS 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 and Scheduled Caste/Schedule Tribe Act, (Protection of Civil Rights), Pudukottai.

2/3

2.The Deputy Superintendent of Police, Pudukottai, Pudukottai District.

3.The Inspector of Police, Vellanur Police Station, Pudukottai District.

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

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