Madras High CourtCRL OP(MD)/12621/2021dismissed

Flarence v. The Deputy Superintendent Of Police

2021-09-01Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.12621 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.12621 of 2021 1.Flarence 2.Irudhayaraj ... Petitioners/Accused No.4&6 vs.

1.The Deputy Superintendent of Police, Keelakarai, Ramanathapuram District.

2.The Inspector of Police, Keelaselvanoor Police Station, Ramanathapuram District.

Crime No.15 of 2021.

... 1st &2nd Respondents/Complainants 3.Soorammal ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Sessions Judge (Special Court for the trial of SC/ST Act), Ramanathapuram to accept the surrender of the petitioners/accused Nos.4 & 6 in connection with Crime No.15 of 2021 on the file of the second respondent Police and to consider the petitioner's bail application on the same day. For Petitioners : Mr.R.Shankar Ganesh For R-1 and R-2 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the learned Sessions Judge (Special Court for the trial of SC/ST Act), Ramanathapuram to accept the surrender of the petitioners/accused Nos.4 & 6 in connection with Crime No.15 of 2021 on the file of the second respondent Police and to consider the petitioner's bail application on the same day.

2. These petitioners have earlier filed the petition seeking the very same direction which was dismissed on 21.05.2021. In the order, it has been observed that the petitioners moved anticipatory bail application before this Court that was dismissed on the ground that the offences involved are grave in nature and the offence under the Special Act was also included. Once the Anticipatory Bail https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.12621 of 2021 application was dismissed, a direction cannot be issued to consider the bail application on the same day of surrender. After dismissal of the above said petition, the present petition came to be filed.

3. The learned counsel appearing for the petitioners would submit that subsequent to the occurrence, the brother of these petitioners committed suicide.

4. But, the said ground cannot be taken into consideration in this petition.

5. Considering the facts and circumstances of the case, this Court does not find any merit to consider this petition.

6. Accordingly, this Criminal Original Petition stands dismissed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb 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 Deputy Superintendent of Police, Keelakarai, Ramanathapuram District.

2.The Inspector of Police, Keelaselvanoor Police Station, Ramanathapuram District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4.The sessions Judge, (Special Court for the trial of SC/ST Act) Ramanathapuram.

Crl.O.P.(MD)No.12621 of 2021 01.09.2021 RD(14.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2