Madras High CourtCRL OP(MD)/12835/2021disposed of

Vibeneshkannan @ Vigneshwaran @ Vicky v. The Deputy Superintendent Of Police

2021-10-22Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Vibeneshkannan @ Vigneshwaran @ Vicky 2.Venkatesh ... Petitioners/Accused No.2 & 3 Vs.

1.The Deputy Superintendent of Police, Office of the Deputy superintendent of Police, Pattukottai Sub Division, 2.The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District, (Crime No.530 of 2021) ... Respondents 1 & 2/Complainant 3.Hariharan ... 3rd Respondent/Defacto complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to accept the surrender of the petitioners before the Special Court for SC/ST (Prevention of Atrocities) Act, i.e The first Additional District and Sessions Judge at Thanjavur, in connection with the Crime No.530 of 2021, on the file of the second respondent police and to consider the bail application filed by the petitioners on the same day.

For Petitioner : Mr.K.M.Karunakaran 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 I Additional District and Sessions Judge at Thanjavur, to accept the surrender of the petitioners before the Special Court for SC/ST (Prevention of Atrocities) Act, in connection with the Crime No.530 of 2021, on the file of the second respondent police and to consider the bail application filed by the petitioners on the same day. 2.The petitioner is the accused in Crime No.530 of 2021, on the file of the second respondent for the offences punishable under Sections 341, 294(b), 323, 506)i) IPC and Sections 3(1)(r) , 3(1)(s) & 3(2)(va) of SC/ST (POA) Amendment Act 2015. 3.Mr.R.M.Anbunithi, learned Additional Public Prosecutor, who accepts notice for the respondents 1 and 2 would submit that no 1/3

previous case is pending against the petitioner and injured was 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 I Additional District and Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act at Thanjavur 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 his 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 (A.D 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 I Additional District and Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act, Thanjavur.

2.The Deputy Superintendent of Police, Office of the Deputy superintendent of Police, Pattukottai Sub Division, 2/3

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

22.10.2021 NSN(CO) RS/JGB (01.11.2021) 3P 5C 3/3