Madras High CourtCRL OP(MD)/12620/2021dismissed

Johnpeter v. The Deputy Superintendent Of Police

2021-09-01Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.12620 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.12620 of 2021 S.Johnpeter ... Petitioner vs.

1.The Deputy Superintendent of Police, Vedasandur Taluk, Dindigul District.

2.The Inspector of Police, Eriode Police Station, Dindigul District.

3.Sudarsan ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to directing the Special Court for (PCR) SC/ST Act, Dindigul District to accept the surrender of the petitioner along with bail application in Crime No.545 of 2021 on the file of the second respondent police herein and to dispose the bail application on the same day on merits.

For Petitioner : Mr.V.Karuna 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 (PCR) SC/ST Act, Dindigul District to accept the surrender of the petitioner along with bail application in Crime No.545 of 2021 on the file of the second respondent police herein and to dispose the bail application on the same day on merits.

2.The petitioner is one of the accused in Crime No.545 of 2021, on the file of the second respondent for the offences punishable under Sections 147, 294(b), 324, 506(ii) of IPC and Sections 3(1) (r), 3(1) (s) of SC/ST (POA) Act. 3.Mr.R.M.Anbunithi, learned Additional Public Prosecutor who accepts notice for the respondents 1 and 2 would submit that the injured has been 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.12620 of 2021 per the following conditions:- 1)The petitioner shall appear before the learned Special Court for (PCR) SC/ST Act, 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 application filed by the petitioner 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 allowed. Sd/- Assistant Registrar (CS III) // 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 (PCR) SC/ST Act, Dindigul District.

2.The Deputy Superintendent of Police, Vedasandur Taluk, Dindigul District.

3.The Inspector of Police, Eriode Police Station, Dindigul District.

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

Crl.O.P.(MD)No.12620 of 2021 01.09.2021 RS (08.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2