Madras High CourtCRL OP(MD)/8467/2021disposed of

Jeeva v. The Deputy Superintendent Of Police

2021-06-29Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN 1.Jeeva 2.Chandrasekar @ Ilaiya Raja ... Petitioners/Accused Nos.2&3 Vs.

1.The State Represented by its, The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District. ...1st Respondent/Complainant 2.The State Represented by its, The Inspector of Police, Emaneswaram Police Station, Ramanathapuram District.

(Crime No.160 of 2021) ... 2nd Respondents/Complainant 3.Nagarajan ... 3rd Respondents/ Defacto-Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Ramanathapuram to consider the bail application of the petitioners in connection with the FIR in Crime No.160 of 2021 on the file of the 2nd respondent police on the very same date of the surrender of the petitioners and consequently, to enlarge the petitioners on bail on the very same day itself by disposing the petitioners' bail application.

For Petitioners : Mr.Jeyakarthik.M.S.

For Respondents 1 & 2 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

The petitioners are the accused 2 and 3 in Crime No.160 of 2021 of Emaneswaram Police Station, Ramanathapuram District and the offences alleged against the accused are under Sections 294 (b), 323 and 342 of IPC and Sections 3(1)(r) and 3(1)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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2. The present petition filed by the petitioners is to direct the learned Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Ramanathapuram, to accept the surrender of the petitioners and also to consider the bail application on the same day.

3. Mr.R.M.Anbunithi, learned 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 Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Ramanathapuram, 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, 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 Section 15(5) of the Act.

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

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) Ias 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. 2/3

To 1.The Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Ramanathapuram.

2.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

3.The Inspector of Police, Emaneswaram Police Station, Ramanathapuram District.

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

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-20527[F] dated 29/06/2021 ) 29.06.2021 CN(06.07.2021) 3P 6C 3/3