Madras High CourtCRL OP(MD)/10864/2021dismissed

Palpandi@Palpandian v. The Deputy Superintendent Of Police

2021-08-06Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.10864 of 2021 1.Palpandi @ Palpandian 2.Yasik @ Aajik Arabukani 3.Raja ... Petitioners Vs.

1.The Deputy Superintendent of Police, Theni Sub-Division, Theni, Theni District.

(Crime No.476 of 2021) 2.The Inspector of Police, Allinagaram Police Station, Theni, Theni District.

(Crime No.476 of 2021) 3.Vishwa 4.Sarathkumar ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Sessions Judge, Special Court for SC/ST(POA) Act, Theni to consider the bail application of the petitioners on the same day of their surrender in Crime No.476 of 2021 on the file of the 1st and 2nd respondents police. For Petitioners : Mr.N.Pragalathan For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

This petition is filed seeking direction to the learned Sessions Judge, Special Court for SC/ST (POA) Act, Theni to consider the bail application of the petitioners on the same day of their 1/3

surrender in Crime No.476 of 2021 on the file of the respondents 1 and 2.

2.By the order dated 06.08.2021, this petition has already been dismissed insofar as the 1st petitioner is concerned. Insofar as the other petitioners are concerned, the matter has been adjourned today.

3.When the matter is taken up for hearing today, the learned Government Advocate (Crl.side) appearing for the respondents 1 and 2 would submit that the injured has been discharged from the hospital and no case is pending against the petitioners 2 and 3. 4.Accordingly, this petition stands allowed insofar as the petitioners 2 and 3 are concerned with the following directions:-

1) The petitioners 2 and 3 shall appear before the learned Sessions Judge, Special Court for SC/ST (POA) 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 application filed by the petitioners 2 and 3 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.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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 Sessions Judge, Special Court for SC/ST(POA) Act, Theni 2.The Deputy Superintendent of Police, Theni Sub-Division, Theni,Theni District.

2/3

3.The Inspector of Police, Allinagaram Police Station, Theni,Theni District.

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

06.10.2021 MGJ/JGB(08.11.2021) 3P 5C 3/3