Dinakaran v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/05/2021 PRESENT The Hon'ble Mr.Justice K.MURALI SHANKAR CRL OP(MD) No.7050 of 2021
1. Dinakaran, M/35 S/o. Maharaja, Nadvanoor, Avaichipatti Post, Natham Taluk, Dindigul District.
2. Arunraj, M/30 S/o. Solai, Nadvanoor, Avaichipatti Post, Natham Taluk, Dindigul District.
3. Abdullah, M/27 S/o. Thasil, Nadvanoor, Avaichipatti Post, Natham Taluk, Dindigul District.
4. Thasil, M/60 S/o. Vellai Rowather (Late), Nadvanoor, Avaichipatti Post, Natham Taluk, Dindigul District. ... Petitioners/Accused Nos.1to4 Vs The State rep. by
1. The Deputy Superintendent of Police, Dindigul Rural, Natham Police Station, Natham, Dindigul District.
2. The Inspector of Police, Natham Police Station, Natham, Dindigul District.
(Crime No. 412 of 2021). ... Respondents 1&2/Complainant
3. Dinesh, S/o. Vellaisamy, Nadvanoor, Avaichipatti Post, Natham Taluk,Dindigul District. ... Respondent 3(Victim)/ Complainant 1/3
For Petitioner : Mr.Shajahan, Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- This petition filed U/S 482 of Cr.P.C, praying this Court to direct the Special Court for SC/ST Act at Dindigul to pass order on the bail petition filed by the petitioner on the same day of surrender in Cr.No.412 of 2021 on the file of the Deputy Superintendent of Police,Natham Police Station,Dindigul. ORDER : The Court made the following order :- The petitioners are the accused in Crime No.412 of 2021 of Veeracholan Police Station, Virudhuangar and the offences alleged against the accused are under Sections 294(b), 324, 506(ii) of I.P.C r/w Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. The present petition filed by the petitioners is to direct the learned Special Court for SC & ST Act, Dindigul, to accept the surrender of the petitioners and to also consider the bail applications on the same day.
3. Mr.S.Ravi, learned Additional Public Prosecutor, who accepts notice for the respondents 1 and 2, submits that the injured has been discharged from the hospital.
4. Since the prayer itself is to accept the surrender of the petitioners and to consider the bail application on the same day of surrender, this Court is inclined to pass the following orders :-
1) The petitioners should appear before the learned Special Court for SC & ST Act, Dindigul, within a period of one month, from the date of resumption of regular work in subordinate Courts in view of the present pandemic situation
2) On such surrender, the concerned Sessions Judge, may consider the bail applications filed by the petitioners on merits, on the same day of their surrender, after giving notice to the concerned Public Prosecutor and by complying with the Section 15(A)(5) of the said Act.
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5. With the above observation, this Criminal Original Petition is disposed of.
Sd/- Assistant Registrar/ Vacation Officer //True copy// / /2021 Sub Assistant Registrar 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 Judge, Special Court for SC/ST Act, Dindigul.
2. The Deputy Superintendent of Police, Dindigul Rural, Natham Police Station, Natham, Dindigul District..
3. The Inspector of Police, Natham Police Station, Natham, Dindigul District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.A.SHAJAHAN, Advocate ( SR-18613[F] dated 27/05/2021 ) ORDER MADE IN CRL OP(MD) No.7050 of 2021 Date : 26/05/2021 SRK(CO) SRS/03.06.2021/3P/6C 3/3