Jegan @ Jeganathan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Jegan @ Jeganathan ... Petitioner/A.No-5 Vs.

1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Samaiyanallur Sub Division, Madurai District.

2. The Inspector of Police, Alanganallur Police Station, Madurai District.

(Cr.No.285 of 2021) ... 1st and 2nd Respondents/ Complainants 3.Ilamprithi ... 3rd Respondent/ Defacto Complainant

4. Manavalan

5. Muniyammal

6. Natarajan

7. Murugesan

8. Ramachandran

9. Sasikumar ... 4th to 9th respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for SC/ST (Prevention of Atrocities) Act, namely, the III Additional District and Sessions Judge at Madurai to accept the surrender of this petitioner in connection with Crime No.285 of 2021 pending on the file of the second respondent and to consider his bail application on the same day of surrender on merits.

For Petitioner : Mr.S.Veerapandi Selvaraj For R-1 and R-2 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

The petitioner is the 5th Accused in Crime No.285 of 2021 on the file of Alanganallur Police Station, Madurai District and the offences alleged against the accused are under Sections 147, 148, 294(b), 323, 324, 427 & 506(ii) IPC r/w. 3(1)(r), 3(1)(s), 3(2)(Va) of SC/ST (POA) Amendment Act 2015.

1/3

2. The present petition filed by the petitioner is to accept the surrender of the petitioner before the learned III Additional District and Sessions Judge, (Special Court for SC/ST (Prevention of Atrocities) Act) Madurai, in connection with the Crime No.285 of 2021 on the file of the second Respondent police and to consider the bail application filed by the petitioner on the same day.

3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor (Crl. Side) accepts notice for the respondents 1 and 2. The third respondent is the de-facto complainant. He would submit that the injured were discharged from the hospital.

4. Since the prayer itself is to accept the surrender of the petitioner and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned III Additional District and Sessions Judge, (Special Court for SC/ST (Prevention of Atrocities) Act), Madurai, within a period of 15 days, from the date of receipt of a copy of this order; and

2) On such surrender, the Court concerned, may consider the bail application filed by the petitioner 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 observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy 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 III Additional District and Sessions Judge (Special Court for SC/ST (Prevention of Atrocities)Act), Madurai, 2/3

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Samaiyanallur Sub Division, Madurai District.

3. The Inspector of Police, Alanganallur Police Station, Madurai District.

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

01.07.2021 SSS(CO) KB(08.07.2021) 3P 5C 3/3