Madras High CourtCRL OP(MD)/14504/2020disposed of

Palpandian 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 Palpandian ... Petitioner/Accused Vs.

1.The Deputy Superintendent of Police, Kovilpatti Sub Division, Thoothukudi District.

2.The State represented by The Inspector of Police, Kayathar Police Station, Thoothukudi District.

(Crime No.777 of 2020) ... Respondents/Complainants 3.Ponraj ... Respondent/Defacto Coplainant Prayer : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the Special Court for SC/ST (PCR Court) Case, Thoothukudi, to consider and dispose of the bail application to be filed by the petitioners on the same day of its filing in connection with the case in Crime No.777 of 2020 on the file of the Inspector of Police, Kayathar Police Station, Thoothukudi District.

For Petitioner : Mr.S.Elumalai For R1 & R2 : Mr.A.Robinson, Government Advocate (Criminal side)

ORDER

The petitioner is the sole accused in Crime No.777 of 2020 of Kayathar Police Station, Thoothukudi District. The said case was registered against the accused under Sections 294(b), 324 of the Indian Penal Code and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amended Act, 2015.

2.The present petition is filed by the petitioner to direct the Special Court for Scheduled Caste and Scheduled Tribe (PCR Court) 1/3

Case, Thoothukudi, to accept the surrender of the petitioner and also to consider the bail application on the same day. 3.Mr.A.Robinson, learned Government Advocate (Criminal side) accepts 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 Special Court for Scheduled Caste and Scheduled Tribe (PCR Court) Case, Thoothukudi, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the Special Court for Scheduled Caste and Scheduled Tribe (PCR Court) Case, Thoothukudi, 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 learned Judge, may consider the bail application filed by the petitioner 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(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 Presiding Judge, Special Court for SC/ST Act(PCR Court), Thoothukudi.

2.The Deputy Superintendent of Police, Kovilpatti Sub Division, Thoothukudi District. 3.The Inspector of Police, Kayathar Police Station, Thoothukudi District.

2/3

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

20.01.2021 gns PK/29.01.2021 : 3P/5C 3/3