Madras High CourtCRL OP(MD)/9151/2021disposed of

Karan v. The Deputy Superintendent Of Police

2021-07-12Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Karan 2.Mathivanan ... Petitioners/A1,Accused Rank not known Vs.

1.The Deputy Superintendent of Police, Paramakudi, 2.The Inspector of Police, Chatrakudi Police Station, (Crime No.126 of 2021)

...Respondents 1 and 2/Complainants

3.Thangavel ...3rd Respondent/Defacto Complainant/victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Additional Sessions Judge (Special Court for Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989 Ramanathapuram, Ramanathapuram District to accept the surrender of the petitioner and to consider the bail application and grant bail on the same day itself in Crime No.126 of 2018 on the file of the second respondent police.

For Petitioners : Mr.D.Balamurugapandi For R-1 and R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the Additional Sessions Judge (Special Court for Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989 Ramanathapuram, Ramanathapuram District to accept the surrender of the petitioners and consider the bail applications on the date of surrender in connection with Crime No.126 of 2018 on the file of the second respondent Police.

2. The petitioners are the first accused and the accused rank known known in Crime No.128 of 2018 on the file of the second respondent for the offences punishable under Sections 147, 148, 448, 324, 506(i) I.P.C r/w Section 4 of TN Prohibitionof Harassment of Women Ac, 2002 and Sections 3(1)(r), 3(1)(W)(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2.

4. Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioners shall appear before the learned Additional Sessions Judge (Special Court for Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989 Ramanathapuram, Ramanathapuram District, within a period of 15 days from the date of receipt of a copy of this order.

2)On such surrender along with notice served to the defacto complainant, the concerned Judge shall consider the bail applications filed by the petitioners and pass orders on merits on the same day of their surrender, after hearing the defacto complainant by complying with Section 15(5) of the Act.

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

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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 Additional Sessions Judge (Special Court for Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, Ramanathapuram, Ramanathapuram District, 2.The Deputy Superintendent of Police, Paramakudi, 2/3

3.The Inspector of Police, Chatrakudi Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-22033[F] dated 12/07/2021 ) 12.07.2021 MA(CO) LR (16.07.2021) 3P 6C 3/3