Madras High CourtCRL OP(MD)/15047/2021disposed of

Karthi @ Karthikeyan v. The Deputy Superintendent Of Police

2021-10-05Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.15047 of 2021 1.Karthi @ Karthikeyan 2.Loganathan @ Yoganathan 3.Rajesh .. Petitioners/Accused Nos.1 to 3 Vs.

1.The Deputy Superintendent of Police, Ottanchathram Taluk, Dindigul District.

.. 1st Respondent/Investigation Officer 2.The State, Rep. by the Inspector of Police, Sempatti Police Station, Dindigul District.

(Crime No.654 of 2021) .. 2nd Respondent/Complainant 3.Mr.Sivakumar .. 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Court for Exclusive Trial of cases under SC/AT (POA) Act, Sessions Judge, Dindigul, Dindigul District to dispose the bail application filed by the petitioners on merits on the same day on their surrender before the above mentioned concerned Court in pending investigation of Crime No.654 of 2021 on the file of the Inspector of Police, Sempatti Police Station, Dindigul District.

For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.R.M.S.Sethuraman for R1 and R2 Additional Public Prosecutor

O R D E R

This petition has been filed to direct the learned Sessions Judge, Special Court for Trial of Cases Under SC/ST (PoA) Act, Dindigul, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No.654 of 2021 on the file of the 2nd respondent Police. 2.The petitioners are the accused Nos. 1 to 3 in Crime No.654 1/3

of 2021 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 324, 506(ii) 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, 1989. 3.Mr.RMS.Sethuraman, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submitted that no previous case is pending against the petitioner and the injured person 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 learned Sessions Judge, Special Court for Trial of Cases Under SC/ST (PoA) Act, Dindigul, 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 (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 Trial of Cases Under SC/ST (PoA) Act, Dindigul.

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2.The Deputy Superintendent of Police, Ottanchathram Taluk, Dindigul District.

3.The Inspector of Police, Sempatti Police Station, Dindigul District.

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

+1 CC to M/s.S.SARVAGAN PRABHU, Advocate ( SR-31241[F] dated 05/10/2021 ) Crl.O.P.(MD)No.15047 of 2021 05.10.2021 RD(18.10.2021) 3P 6C 3/3