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Madras High CourtCRL OP(MD)/14444/2021

Meganathan v. The Inspector Of Police

2021-09-27Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.14444 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.14444 of 2021 1.Meganathan 2.Mayalagu ... Petitioners/Accused 1&2 Vs.

State rep. by The Inspector of Police, Annavasal Police Station, Annavasal, Pudukkottai District.

Crime No.671 of 2021 ... Respondent/Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for trial of SC/ST Prevention of Atrocities Act Cases, Pudukkottai, to consider the bail application on surrendering and filing of the bail application by the petitioners on the same day in Crime No.671 of 2021. For Petitioners : Mr.T.Sundaravadanam For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl.side)

ORDER

This petition has been filed to direct the Special Court for trial of SC/ST Prevention of Atrocities Act Cases, Pudukkottai, to accept the surrender of the petitioners' and consider the bail application on the date of surrender in connection with Crime No.671 of 2021 on the file of the respondent police. 2.The petitioners herein are the accused Nos.1 and 2 in Crime No.671 of 2021 on the file of the respondent police for the offences punishable under Sections 294(b), 323, 324 of I.P.C r/w Sections 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 respondent. He submitted that 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 shall appear before the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14444 of 2021 Special Court for trial of SC/ST Prevention of Atrocities Act Cases, 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 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 (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) Ls 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 trial of SC/ST Prevention of Atrocities Act Cases, Pudukkottai.

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

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

+1 CC to M/s.T.SUNDARAVADANAM, Advocate ( SR-30354[F] dated 27/09/2021 ) Crl.O.P.(MD)No.14444 of 2021 27.09.2021 RD(5.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2