Madras High CourtCRL OP(MD)/8974/2021disposed of

Samuvel(Pilot) v. The Deputy Superintendent Of Police

2021-07-08Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08/07/2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Samuvel ... Petitioner/A4 Vs.

1.State represented. by The Deputy Superintendent of Police, Naninilam Sub Division, Tiruvarur District.

2.The State rep. by The Inspector of Police, Valangaiman Police Station, Thiruvarur District.

In Crime No.196 of 2021 ... Respondents 1 and 2 /Complainants 3.Prabakaran ... 3rd Respondent/Defacto complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned I Additional District and Sessions Judge, Special Court for exclusive trial of cases under scheduled caste and scheduled Tribes (Prevention of Atrocities) Act, Thanjavur to accept the surrender and consider the bail petitioner to be filed by the petitioner in Crime No.196 of 2021 on the file of the second respondent police on the same day on merits.

For Petitioner : Mr.PR.Boomee Rajan 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 learned I Additional District and Sessions Judge, Special Court for exclusive trial of cases under scheduled caste and scheduled Tribes (Prevention of Atrocities) Act, Thanjavur, to accept the surrender of the petitioner and consider the bail applications on the date of surrender in connection with Crime No.196 of 2021 on the file of the second respondent Police.

2. The petitioner is the accused No.4 in Crime No.196 of 2021 on the file of the second respondent for the offences punishable under Sections 147, 148, 294(b), 448, 324, 506(ii) IPC I.P.C and Sections 3(1)(r), 3(1)(s) & 3(2)(va) of Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

1/3

3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submits that no previous case is pending against the petitioner and injured has already been discharged from the hospital.

4. Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioner shall appear before the learned I Additional District and Sessions Judge, Special Court for exclusive trial of cases under scheduled caste and scheduled Tribes (Prevention of Atrocities) Act, Thanjavur, 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 application filed by the petitioner and pass orders on merits on the same day of his 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 (CS-II) // 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 I Addit ional District Session Judge, (PCR Cases) Court, Thanjavur.

2.The Deputy Superintendent of Police, Naninilam Sub Division, Tiruvarur District.

2/3

3.The State rep. by The Inspector of Police, Valangaiman Police Station, Thiruvarur District.

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

+1 CC to M/s.PR BOOMEE RAJAN, Advocate ( SR-21674[F] dated 08/07/2021 ) 08.07.2021 PM(CO) LR (14.07.2021) 3P 6C 3/3