Madras High CourtCRL OP(MD)/15343/2021disposed of

Nachimuthu 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

1. Nachimuthu

2. Sunda Thevar @ Sundan ... Petitioners/Accused Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Vedasandur, Dindigul District.

2.The Inspector of Police, Vedasandur Police Station, Dindigul District.

(Crime No.141 of 2021) ... Respondent Nos.1 & 2/ Complainants 3.Sumathi ... 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 (PCR), Dindigul, to consider the petitioner's bail application to be filed by the petitioners on the same on their surrender in connection with Crime No.141 of 2021 on the file of the second respondent police. For Petitioners : Mr.V.Karuna 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 Special Court for SC/ST (PCR), Dindigul, to accept the surrender of the petitioners and consider the bail application on the date of surrender in connection with Crime No.141 of 2021 on the file of the second respondent Police.

2. The petitioners are the accused in Crime No.141 of 2021 on the file of the second respondent for the offences punishable under Sections 294(b) and 506(ii) of IPC r/w Section 3, 3(l)(r) and 3(l) (s) of SC/ST (POA) Act, 2015.

1/3

3. Mr.RMS.Sethuraman, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submits that the petitioners have no previous case.

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 Special Court for SC/ST (PCR), 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 (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 Special Court for SC/ST (PCR), Dindigul, 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Vedasandur, Dindigul District.

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

2/3

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

+1 CC to M/s.V.KARUNA, Advocate ( SR-31793[F] dated 08/10/2021 ) 07.10.2021 RD/JC (29.10.2021) 3P 6C 3/3