Madras High CourtCRL OP(MD)/12987/2021ordered

Sakthi @ Sakthivel v. The Deputy Superintendent Of Police

2021-09-07Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD).No.12987 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN Crl.O.P.(MD)No.12987of 2021 Sakthi @ Sakthivel ... Petitioner Vs.

1.The Deputy Superintendent of Police, Pudukkottai Division, Pudukkottai District.

2.The Inspector of Police, Vellanur Police Station, Vellanur, Pudukkottai District.

Crime No.92 of 2020 3.Ajaykumar

...Respondents

PRAYER: Criminal Original Petition is filed to direct the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukkottai to accept the surrender of the petitioner/3rd accused and consider the petitioner bail application and grant bail on the date of surrender itself in Crime No.92 of 2020 dated 18.05.2020 on the file of 2nd respondent police. For Petitioner : Mr.K.C.Maniyarasu For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This petition is filed seeking direction to the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukkottai, to accept the surrender of the petitioner and consider the bail application on the date of his surrender in connection with Crime No.92 of 2020 on the file of the 2nd respondent police.

2.The petitioner is the 3rd accused in Crime No.92 of 2020 on the file of the 2nd respondent police for the offences punishable under Sections 294(b) and 324 of I.P.C and 3(1)(r), 3(i)(s) and 3 (2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) amendment Act, 2015.

3.Mr.R.M.Anbunithi, learned Additional Public Prosecutor (Crl.side) accepts notice for the respondents 1 and 2. 4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P(MD).No.12987 of 2021

1) The petitioner shall appear before the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukkottai 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.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-I) // 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 Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukkottai. 2.The Deputy Superintendent of Police, Pudukkottai Division, Pudukkottai District.

3.The Inspector of Police, Vellanur Police Station, Vellanur,Pudukkottai District.

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

Crl.O.P.(MD)No.12987 of 2021 07.09.2021 RD(20.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/