Madras High CourtCRL OP(MD)/9517/2021disposed of

Pandiyammal @ Pandiammal v. The Deputy Superintendent Of Police

2021-07-22Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.9517 of 2021 1.Pandiyammal @ Pandiammal 2.Murugapandi .. Petitioners/Accused 2 & 4 Vs.

1.The Deputy Superintendent of Police (PEW), Nilakottai, 2.The Inspector of Police, Ammayanaickanur Police Station, ..Respondents 1 & 2/ Complainant 3.Anuradha ..Respondent No.3/ Defacto complainant/ Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for exclusive trial of SC and ST Cases, Dindigul District to accept the petitioners surrender in connection with Crime No.526 of 2021, on the file of the second respondent and consider their bail application on the same day in accordance with law.

For Petitioners : Mr.G.Vishnuram 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 Judge, Special Court for exclusive trial of SC and ST Cases, Dindigul District to accept the petitioners surrender in connection with Crime No.526 of 2021, on the file of the second respondent and consider their bail application on the same day in accordance with law.

2. The petitioners are the accused Nos.2 to 4 in Crime No.526 of 2021, on the file of the second respondent for the offences punishable under Sections 147, 341, 323, 355, 354, 506(i), 379 & 307 I.P.C and 3(1)(r) & 3(1)(s) of SC/ST (Prevention of Atrocities) Amendment Act 2015.

1/3

3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor, who accepts notice for the respondents 1 and 2 would submit that no previous case is pending against the petitioners. He would further submit that the injury suffered is simple in nature and the injured was also discharged from the Hospital.

4. Considering the facts and circumstances of the case and also taking into consideration the submission of the learned Additional Public Prosecutor, this Court is inclined to allow the petition, as per the following conditions:- 1)The petitioners shall appear before the learned Judge, Special Court for exclusive trial of SC and ST Cases, Dindigul 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 1 to 4 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. Accordingly, this Criminal Original Petition is partly allowed.

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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 Court for exclusive trial of SC and ST Cases, Dindigul District 2.The Deputy Superintendent of Police (PEW), Nilakottai, 2/3

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

Crl.O.P.(MD)No.9517 of 2021 22.07.2021 PM(CO) KB(29.07.2021) 3P 5C 3/3