Madras High CourtCRL OP(MD)/11371/2021disposed of

V. Sokkiyan Alias Chandrakumar v. The Deputy Superintendent Of Police

2021-08-13Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.V.Sokkaiyan @ Chandhirakumar 2.S.Balamurugan 3.Muthukumar @ Muthukrishnan 4.A.Vellaichamy ... Petitioners/Accused 1 to 4 Vs.

1.The Deputy Superintendant of Police, Theni Sub Division, 2.The Inspector of Police, Palanichettypatti Police Station, (Crime No.336 of 2021) ... Respondents 1 & 2/Complainants 3.M.Vignesh ... 3rd Respondent/Defacto complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for SC/ST (Prevention of Atrocities) Act, Theni, to accept the surrender of the petitioners/accused No.1 to 4 in connection with the Crime No.336 of 2021 on the file of the respondent police and to consider the petitioners' 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 Special Court for SC/ST (Prevention of Atrocities) Act, Theni, to accept the surrender of the petitioners/accused No.1 to 4 in connection with the Crime No.336 of 2021 on the file of the respondent police and to consider the petitioners' bail applications on the same day. 2.The petitioners are the accused 1 to 4 in Crime No.336 of 2021, on the file of the second respondent for the offences punishable under Sections 147, 148, 294(b), 324,506(ii) of I.P.C and r/w 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act,2015.

3.The learned counsel for the petitioners would submit that the matter has been compromised between the parties. Only on that ground, the co-accused has been granted bail on 13.07.2021. 1/3

4.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 petitioners and the injured persons were discharged from the Hospital.

5.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 SC/ST (Prevention of Atrocities) Act, Theni, 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.

6.Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 SC/ST (Prevention of Atrocities) Act, Theni, 2.The Deputy Superintendant of Police, Theni Sub Division, 2/3

3.The Inspector of Police, Palanichettypatti Police Station, (Crime No.336 of 2021) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

13.08.2021 RS (24.08.2021) 3P 5C 3/3