Madras High CourtCRL OP(MD)/13591/2021allowed

Pandi v. The Deputy Superintendent Of Police

2021-09-16Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:16.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Pandi ..Petitioner/Sole Accused vs.

1.The Deputy Superintendent of Police, Ramanathapuram Sub Division, 2.The State rep by The Sub-Inspector of Police, Bazaar Police Station, (In Crime No.356 of 2021) ..Respondents 1, 2/Respondents 3.Karthick ..3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to permit the petitioner to surrender and accept the bail application filed by the petitioner before the Special Court for SC & ST (POA) Act, Ramanathapuram in connection with Crime No.356 of 2021 on the file of the second respondent Police and in the event of filing the same, the said application may be directed to be considered on the same day on merits and in accordance with law. For Petitioner : Mr.A.Uthayakumar For R-1 and R-2 : Mr.K.Sanjai Gandhi Government Advocate

O R D E R

This petition has been filed to permit the petitioner to surrender and accept the bail application filed by the petitioner before the Special Court for SC & ST (POA) Act, Ramanathapuram in connection with Crime No.356 of 2021 on the file of the second respondent Police and in the event of filing the same, the said application may be directed to be considered on the same day on merits and in accordance with law.

2. The petitioner is the accused in Crime No.356 of 2021, on the file of the second respondent for the offences punishable under Sections 294(b), 324, 3(1)(i), 3(1)(r), 3(1) (s) and 3(2)(va) of SC/ST (POA) Amendment Act, 2015.

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3. Mr.K.Sanjai Gandhi, learned Government Advocate 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 per the following conditions:- 1)The petitioner shall appear before the learned Special Court for SC & ST (POA) Act, Ramanathapuram, 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) ssb 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 Judge The Special Court for SC & ST (POA) Act, Ramanathapuram. 2.The Deputy Superintendent of Police, Ramanathapuram Sub Division, 2/3

3.The Sub-Inspector of Police, Bazaar Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

16.09.2021 SRK(CO) KB(24.09.2021) 3P 5C 3/3