Madras High CourtCRL OP(MD)/14020/2020disposed of

Subramani@Subbiramani v. The Deputy Superintendent Of Police

2021-01-20Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA 1.Subramani @ Subbiramani 2.Ajith @ Ramesh ... Petitioners/Accused 3 & 4 Vs.

1.The Deputy Superintendent of Police, Nilakottai, Dindigul District.

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

(Crime No.772 of 2020) ... Respondents/Complainants 3.Ilayaraja ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned District and Sessions Judge, (Special Court for Scheduled Caste/Scheduled Tribe Prevention of Atrocities Act, 1989 Cases), Dindigul to consider the bail application of the petitioner concerned in Crl.No.772/2020 on the file of the 2nd respondent police and pass orders in accordance with law on the same day of their surrender if any petition filed by the petitioners.

For Petitioners :

Mr.S.Vikram For R1 & R2 :

Mr.A.Robinson, Government Advocate (Criminal side)

ORDER

The petitioners are the accused Nos.3 & 4 in Crime No.772 of 2020 of Nilakottai Police Station, Dindigul District. The said case was registered against the accused under Sections 341, 294 (b), 324, 307, 506(ii) of the Indian Penal Code r/w Section 3(1)(r), 3(1)(s) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities)Act, 1989.

2.The present petition is filed by the petitioners to direct the learned District and Sessions Judge, (Special Court for Scheduled Caste/Scheduled Tribe (Prevention of Atrocities Act), 1989 Cases), Dindigul, to accept the surrender of the petitioners and also to consider the bail application on the same day. 1/3

3.Mr.A.Robinson, learned Government Advocate (Criminal side) takes notice for the respondents 1 and 2. The third respondent is the de-facto complainant.

4.Since the prayer itself is to accept the surrender of the petitioner and consider the bail application by the learned District and Sessions Judge, Dindigul, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned District and Sessions Judge, (Special Court for Scheduled Caste/Scheduled Tribe (Prevention of Atrocities Act), 1989 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 Sessions Judge, may consider the bail application filed by the petitioners on merits, after giving notice to the concerned Public Prosecutor.

5.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (RTI Act) // True Copy // / /2021 Sub Assistant Registrar(CS) Gns 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 District and Sessions Judge, (Special Court for SC/ST Prevention of Atrocities Act, 1989 Cases), Dindigul.

2.The Deputy Superintendent of Police, Nilakottai, Dindigul District.

3.The Inspector of Police, Nilakottai Police Staition,Dindigul District. 2/3

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

20.01.2021 (KM)CO AP(08/02/2021) 3P 5C 3/3