Madras High CourtCRL OP(MD)/8572/2021disposed of

N.Nagarjun @ Arjunan v. The Deputy Superintendent Of Police

2021-06-30Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8572 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8572 of 2021 1.N.Nagarjun @ Arjunan 2.S.Achu @ Aswathaman ... Petitioners/Accused Nos.1 & 2 Vs.

1.The Deputy Superintendent of Police, Theni District.

...1st Respondent/Investigation Officer 2.The Inspector of Police, Allinagaram Police Station, Theni District.

... 2nd Respondent/Complainant 3.Mariyappan ... 3rd Respondent/Defacto Complainant b Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Principal District and Sessions (Special Court for SC/ST Act Cases, PCR), Theni to consider the Bail application of the petitioners in Cr.No.447 of 2021 on the same date of surrender and dispose of the same on merits in accordance with law.

For Petitioners : Mr.C.Susi Kumar For Respondents 1 & 2 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

The petitioners are the accused 1 & 2 in Crime No.447 of 2021 of Allinagaram Police Station, Theni District and the offences alleged against the accused are under Sections 294(b), 323, 324 of IPC r/w.3(1)(r), 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Amendment) Act, 2015.

2. The present petition filed by the petitioners is to direct the learned Principal District and Sessions Judge (Special Court for SC/ST Act Cases, PCR), Theni, 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.

4. Since the prayer itself is to accept the surrender of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8572 of 2021 petitioners and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned Principal District and Sessions Judge (Special Court for SC/ST Act Cases, PCR), Theni, 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 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 (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi 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 Principal District and Sessions Court, (Special Court for SC/ST Act Cases, PCR), Theni 2.The Deputy Superintendent of Police, Theni District.

3. The Inspector of Police, Allinagaram Police Station, Theni District.

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

Crl.O.P.(MD)No.8572 of 2021 30.06.2021 AS (07.07.2021) P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2