Madras High CourtCRL OP(MD)/14770/2021disposed of

Subramaniyan v. The Deputy Superintendent Of Police

2021-09-30Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.14770 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.14770 of 2021 Subramaniyan ... Petitioner/Sole Accused Vs.

1.The Deputy Superintendent of Police, Ponnamaravathi Sub Division, Pudukottai District.

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

(Crime No.139 of 2021) ... Respondents/Complainant 3.Sangilimuthu ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for SC/ST(POA) Act, Pudukkottai to accept the surrender of the Petitioner/Sole Accused and consider the Petitioner`s Bail Application and grant bail on the date of surrender itself in Crime No.139 of 2021 on file of the second respondent.

For Petitioner : Mr.T.Veerakumar For R1 and R2 : Mr.R.M.S.Sethuraman Additional Public Prosecutor

ORDER

This petition has been filed to direct the Special Court for SC/ST(POA) Act, Pudukkottai, to accept the surrender of the petitioner and consider the bail application on the date of surrender in connection with Crime No.139 of 2021 on the file of the second respondent police.

2.The petitioner herein is the sole accused in Crime No.139 of 2021 on the file of the second respondent police for the offences punishable under Sections 294(b), 323, 506(ii) of I.P.C and Sections 3(1)(r), 3(1) (s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 3.Mr.R.M.S.Sethuraman, learned Additional Public Prosecutor, accepts notice for the respondents 1 and 2. He submitted that the injured has been discharged from the hospital and the petitioner is having no previous case.

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Crl.O.P.(MD)No.14770 of 2021 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 Special Court for SC/ST (POA) Act, 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 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 (A.D II) // 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 Judge for SC/ST(POA) Act, Pudukkottai 2.The Deputy Superintendent of Police, Ponnamaravathi Sub Division, Pudukottai District.

3.The Inspector of Police, Namanasamudram Police Station, Pudukkottai District.

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

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