Madras High CourtCRL OP(MD)/15305/2021disposed of

Selvakumar v. The Deputy Superintendent Of Police

2021-10-07Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Selvakumar ... Petitioner/Accused No.1 Vs.

1.The Deputy Superintendent of Police, Theni, 2.The Inspector of Police, Veerapandi Police Station, (Crime No.412 of 2021) ... Respondent Nos.1 & 2/ Complainants 3.Muthuraja ... 3rd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Sessions Judge (FAC), Special Court for Trial of cases under SC/ST (POA) Act, Theni, to consider the petitioner's bail application to be filed by the petitioner on the same on his surrender in connection with Crime No.412 of 2021 on the file of the second respondent police.

For Petitioner : Mr.A.Prasanna Rajadurai For R-1 and R-2 : Mr.RMS.Sethuraman Additional Public Prosecutor

O R D E R

This petition has been filed to direct the learned Sessions Judge (FAC), Special Court for Trial of cases under SC/ST (POA) Act, Theni, to accept the surrender of the petitioner and consider the bail application on the date of surrender in connection with Crime No.412 of 2021 on the file of the second respondent Police.

2. The petitioner is the accused No.1 in Crime No.412 of 2021 on the file of the second respondent for the offences punishable under Sections 147, 294(b), 323, 324 and 506(i) of IPC and Section 3 (l)(r), 3(l)(s) and 3(2)(va) of SC/ST (POA) Act, 2015.

3. Mr.RMS.Sethuraman, learned Additional Public Prosecutor 1/3

accepts notice for the respondents 1 and 2. He submits that the injured has been treated as out-patient only and the petitioner has no previous case.

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 learned learned Sessions Judge (FAC), Special Court for Trial of cases under SC/ST (POA) Act, Theni, 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 (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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 learned Sessions Judge (FAC), Special Court for Trial of cases under SC/ST (POA) Act, Theni.

2.The Deputy Superintendent of Police, Theni, 2/3

3.The Inspector of Police, Veerapandi Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.PRASANNA RAJA DHURAI, Advocate ( SR-31593[F] dated 07/10/2021 ) 07.10.2021 RD/JC(29.10.2021) 3P 6C 3/3