Madras High CourtCRL OP(MD)/14236/2021disposed of

R. Shanmugam @ Shanmuganathan v. The Deputy Superintendent Of Police

2021-09-23Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN

1. R.Shanmugam @ Shanmuganathan

2. S.Poongothai Shanmugam @ Poongothai

3. S.Suresh Shanmugam @ S.Sundararajan

...Petitioners/Accused

Nos. 1 to 3 Vs.

1. The Deputy Superintendent of Police, Thirumayam Range, Pudukkotai District.

2. The Inspector of Police, Thirumayam Police Station, Pudukottai District.

(Crime No.451 of 2021)

...Respondents 1 & 2 /

Complainants

3. M.Anjalaidevi ...3rd Respondent / Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Judge/Court under the Scheduled Castes and Scheduled Tribes (Preventive of Atrocities) Act 1989 and the learned Special Court (PCR Act Cases) Pudukottai, consider the Bail Application of the Petitioners concerned Crime No.451/2021 on the file of the Inspector of Police, Thirumayam Police Station, Pudukottai District/the 2nd Respondent herein and pass orders in accordance with law on the same day on their surrender if any petition filed by the Petitioners. For Petitioners : Mr.E.Balasubramanian For R1 and R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

This petition is filed to direct the Special Court under the Scheduled Castes and Scheduled Tribes (Preventive of Atrocities) Act 1989 and the Special Court (PCR Act Cases) Pudukottai, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No.451 of 2021 on the file of the 2nd respondent police.

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2.The petitioners are the accused 1 to 3 in Crime No.451 of 2021 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 427, 448, 355 and 506 (i) of I.P.C and 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3.Mr.K.Sanjai Gandhi, learned Government Advocate (Crl.side) accepts notice for the respondents 1 and 2. He submitted that the petitioners are having no previous case and the injured has been discharged from the hospital.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioners concerned shall appear before the Special Court under the Scheduled Castes and Scheduled Tribes (Preventive of Atrocities) Act 1989 and the Special Court (PCR Act Cases) Pudukottai, 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 petitioners 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.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (Crl side) // 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. 2/3

1. The Special Judge for SC/ST (Preventive of Atrocities) Act 1989, Pudukottai.

2. The Special Judge, (PCR Act Cases), Pudukottai.

3. The Deputy Superintendent of Police, Thirumayam Range, Pudukkotai District.

4. The Inspector of Police, Thirumayam Police Station, Pudukottai District.

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

Crl.O.P.(MD)No.14236 of 2021 23.09.2021 RK (05.10.2021) 3P 6C 3/3