Madras High CourtCRL OP(MD)/14333/2021disposed of

Sathish Kumar v. The Deputy Superintendent Of Police

2021-09-24Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Sathish Kumar ... Petitioner Vs.

1.State by Deputy Superintendent of Police, Trichy District.

2.State by Inspector of Police, Uppiliyapuram Police Station, Trichy District.

(Crime No.436 of 2021) 3.Ramachandran ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Learned Sessions Judge, (Special Court for Exclusive Trial of Cases registered under the SC/ST prevention of Atrocities Act), 1989 at Trichy to accept the surrender of the petitioner herein concerned in Crime No.436 of 2021 on the file of Inspector of Police, Uppiliyapuram Police Station, Trichy District and consider the bail petition on the same day itself. For Petitioner : Mr.N.Shyllappa Kalyan For R1 & R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

This petition has been filed to direct the learned Sessions Judge, (Special Court for Exclusive Trial of Cases registered under the SC/ST prevention of Atrocities Act), 1989 at Trichy to accept the surrender of the petitioner and consider the bail application on the date of surrender in connection with Crime No.436 of 2021 on the file of the 2nd respondent.

2.The petitioner is the accused in Crime No.436 of 2021 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 324 and 506 (ii) of I.P.C r/w 3(1)(r), 3(i) (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.

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4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioner shall appear before the learned Sessions Judge, (Special Court for Exclusive Trial of Cases registered under the SC/ST prevention of Atrocities Act), 1989 at Trichy, 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) 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 Sessions Judge, (Special Court for Exclusive Trial of Cases registered under the SC/ST prevention of Atrocities Act), 1989 at Trichy.

2.The Deputy Superintendent of Police, Trichy District.

3.The Inspector of Police, Uppiliyapuram Police Station, Trichy District.

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

+1 CC to M/s.N.SHYLLAPPA KALYAN, Advocate ( SR-30244[F] dated 24/09/2021 ) Crl.O.P.(MD)No.14333 of 2021 24.09.2021 RS (01.10.2021) 3P 6C 3/3