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Madras High CourtCRL OP(MD)/7015/2021disposed of

Seenivasan v. The Deputy Superintendent Of Police

2021-05-26Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.05.2021 CORAM :

THE HONOURABLE Mr. JUSTICE K.MURALI SHANKAR Crl.O.P.(MD)No.7015 of 2021 1.Seenivasan 2.Suryaprakash

...Petitioners

/Vs./ 1.The Deputy Superintendant of Police, Thiruchuli Sub Division, Virudhunagar District.

2.State represented by The Inspector of Police, Veeracholan Police Station, Virudhunagar District.

(Crime No.11 of 2021) 3.Thangamuthu 4.Kumaravel

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Sessions Judge/Special Court for Exclusive Trial of SC/ST Cases, Virudhunagar District at Srivilliputhur, to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.11 of 2021 dated 09.03.2021 on the file of the respondent police.

For Petitioners : Mr.B.Anandan For Respondents 1 & 2 : Mr.S.Ravi Additional Public Prosecutor

ORDER

The petitioners are the accused in Crime No.11 of 2021 of Veeracholan Police Station, Virudhuangar and the offences alleged against the accused are under Sections 294(b), 324, and 307 of the Indian Penal Code and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2. The present petition filed by the petitioners is to direct the learned Sessions Judge/Special Court for Exclusive Trial of SC/ST Cases, Virudhunagar District at Srivilliputhur, to accept the 1/3

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 Sessions Judge/Special Court for Exclusive Trial of SC/ST Cases, Virudhunagar District at Srivilliputhur, 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.

5. With the above observation, this Criminal Original Petition is disposed of.

Sd/- Vacation Officer // True Copy // / /2021 Sub Assistant Registrar(CS) sm 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.

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To 1.The Sessions Judge/Special Court for Exclusive Trial of SC/ST Cases, Virudhunagar District at Srivilliputhur.

2.The Deputy Superintendant of Police, Thiruchuli Sub Division, Virudhunagar District.

3.The Inspector of Police, Veeracholan Police Station, Virudhunagar District.

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

26.05.2021 CN(01.06.2021)3P C5 3/3