Madras High CourtCRL OP(MD)/9563/2021disposed of

Nallaperumal @ Tamilan v. The Deputy Superintendent Of Police

2021-07-19Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19/07/2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Nallaperumal @ Tamilan ... Petitioner/2nd Accused Vs.

1.The Deputy Superintendentof Police, 2.The Inspector of Police, Puthanatham Police Station, (Crime No.218 of 2021) ...1st and 2nd Respondents/Complainants 3.Thiyagarajan ... 3rd Respondent/Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Judge for SC/ST (Prevention of Atrocities) Act, Trichirappalli (1st Additional District Judge (PCR), Trichirappalli) to consider the bail application of the petitioner on the same day of his surrender in Crime No.218 of 2021 on the file of the second respondent police.

For Petitioner : Mr.S.Kathiravan 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 Special Judge for SC/ST (Prevention of Atrocities) Act, Trichirappalli (1st Additional District Judge (PCR), Trichirappalli) to accept the surrender of the petitioner and consider the bail application on the date of surrender in connection with Crime No.218 of 2021 on the file of the second respondent Police.

2. The petitioner is the second accused in Crime No.2019 of 2020 on the file of the second respondent for the offences punishable under Sections 294(b) and 506(ii) of I.P.C r/w Sections 3(1)(r), 3(1)(s) and 3(a)(va) of the Scheduled Caste and the Scehduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor 1/3

accepts notice for the respondents 1 and 2. He submits that no previous case is pending against the petitioner and none sustained injury in this case.

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 Special Judge for SC/ST (Prevention of Atrocities) Act, Trichirappalli (1st Additional District Judge (PCR), Trichirappalli) 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 (T&P) // 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 Special Judge for SC/ST (Prevention of Atrocities) Act, Trichirappalli (1st Additional District Judge (PCR), Trichirappalli) 2.The Deputy Superintendentof Police, 2/3

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

+1 CC to M/s.K.S.KATHIRAVAN, Advocate (SR-23030[F] dated 19/07/2021 ) 19.07.2021 RK (27.07.2021) 3P 6C 3/3