S.Nagendran v. The Deputy Superintendent Of Police
Crl.O.P.(MD)No.12429 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2021 CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.12429 of 2021 1.S.Nagendran 2.Selvam @ Vathilai Selvam ... Petitioners/Accused Nos.3 & 4 Vs.
1.The Deputy Superintendent of Police, Nilakottai Sub-Division, Dindigul District.
2.The Inspector of Police, Batlagundu Police Station, Dindigul District.
(Crime No.981/2021)
...Respondents / Complainants
3.Gowsalya
...Respondent/Defacto
Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Judge, Special Court for the exclusive trial of SC and ST POA Act Cases, Dindigul to consider the bail application on the same day in Crime No.981 of 2021, on the file of the respondent No.2 police station. For Petitioners : Mr.M.Maharaja For R1 & R2 : Mr.R.M.Anbunithi, Additional Public Prosecutor
ORDER
The petitioners are the accused 3 & 4 in Crime No.981 of 2021, Batlagundu Police Station, Dindigul District and the offences alleged against the accused are under Sections 448, 294(b), 323, 506 (ii) & 109 IPC, Section 4 of TN Prohibition of Harassment of Women Act, 2002 and under Sections 3(i)(r) & 3(i) (s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2.The present petition filed by the petitioners is to direct the learned Judge, Special Court for the exclusive trial of SC and ST POA Act Cases, Dindigul to accept the surrender of the petitioners and also to consider the bail applications on the same day.
3.Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2 and would submit that injured was discharged from the Hospital and no previous case is pending against the petitioners. The third respondent is the defacto complainant. 4.Since the prayer itself is to accept the surrender of the https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD)No.12429 of 2021 petitioners and consider the bail application and also considering the submission of the learned Additional Public Prosecutor, this Court is inclined to pass the following orders :-
1) The petitioners should appear before the learned Judge, Special Court for the exclusive trial of SC and ST POA Act Cases, Dindigul within a period of 15 days from the date of receipt of a copy of this order / uploading of the order.
2) On such surrender, concerned Judge, may consider the bail application filed by the petitioners on merits on the same day of surrender, after giving notice to the concerned Public Prosecutor and complying with Section 15
(5) of the Act.
5.With the above observation, this Criminal Original Petition is disposed of.
Sd/- Assistant Registrar (CS-I) // 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 the exclusive trial of SC and ST POA Act Cases, Dindigul 2.The Deputy Superintendent of Police, Nilakottai Sub-Division, Dindigul District.
3.The Inspector of Police, Batlagundu Police Station, Dindigul District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.12429 of 2021 31.08.2021 RD(7.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2