Ramachandran v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.14814 of 2021 1.Ramachandran 2.Balasubramanian 3.Gunaseelan ... Petitioners/Accused Rank not known vs.

1.The State rep by The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Melur, Melur Taluk, Madurai District.

2.The Inspector of Police, Melur Police Station, Melur, Melur Taluk, Madurai District.

(Crime No.592 of 2021) ... Respondents 1 & 2/Complainants PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the III Additional District Judge, Special Court for Trial Of Cases Under SC/ST (PoA) Act, Madurai, to consider the petitioners' bail application and dispose the same on the same day, if the petitioners surrender before the III Additional District Judge, Special Court for Trial of Cases Under SC/ST (PoA) Act, Madurai, for the case registered in Crime No.592 of 2021 on the file of the second respondent, dated 21.09.2021.

For Petitioners : Mr.P.Santhana Krishnan For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

This petition has been filed to direct the III Additional District Judge, Special Court for Trial Of Cases Under SC/ST (PoA) Act, Madurai, to consider the petitioners' bail application and dispose the same on the same day, if the petitioners surrender before the III Additional District Judge, Special Court for Trial of Cases Under SC/ST (PoA) Act, Madurai, for the case registered in Crime No.592 of 2021, on the file of the second respondent, dated 21.09.2021.

1/3

2.The petitioners are the accused in Crime No.592 of 2021 on the file of the 2nd respondent police for the offences punishable under Sections 147, 294(b), 323, 506(i) of IPC, r/w Section 3(1) (r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015. 3.Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2 and he submitted that no previous case is pending against the petitioners and the injured person has been discharged from the hospital. 4.Considering the fact and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioners shall appear before the learned III Additional District Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Madurai, within a period of 15 days from the date of receipt of a copy of this order.

2) On such surrender, concerned Sessions Judge, may consider the bail application filed by the petitioners on merits on the same day of surrender, after giving notice to the concerned Public Prosecutor and by complying Section 15(5) of the Act.

5.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) dss 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 III Additional District Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Madurai.

2/3

2.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Melur, Melur Taluk, Madurai District.

3.The Inspector of Police, Melur Police Station, Melur, Melur Taluk, Madurai District.

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

Crl.OP(MD)No.14814 of 2021 05.10.2021 RK (01/11/2021) 3P 5C 3/3