Raja @ Rajakanna v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2021

CORAM:

THE HONOURABLE MRS.JUSTICE S.ANANTHI 1.Raja @ Rajakanna 2.Dhanalakshmi 3.Maheswari 4.Siva Sakthi ... Petitioners/Accused Nos.1, 2, 5 & unnamed Accused Vs.

1.The State Represented by its, The Deputy Superintendent of Police, Mudhukulathur, Ramanathapuram District.

...1st Respondent/Complainant 2.The State Represented by its, The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

[Crime No.309/2021] ...2nd Respondent/Complainant 3.Mei Eswari ...3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to pass an Order of Direction, to direct the Learned Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Ramanathapuram to consider the bail application of the petitioners in connection with the FIR in Crime No.309 of 2021 on the file of the second respondent on the very same date of the surrender of the petitioners and to enlarge the petitioners on bail on the very same day itself by allowing the petitioner's bail application. For Petitioners : Mr.M.Siva Rama Krishnan For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

O R D E R

This petition has been filed to direct Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Ramanathapuram to consider the bail application of the petitioners in connection with the FIR in Crime No.309 of 2021 on the file of the second respondent on the very same date of the surrender of the petitioners and to enlarge the petitioners on bail on the very same day itself by allowing the petitioner's bail application. 1/3

2.The petitioners are the accused persons in Crime No.309 of 2021 on the file of the 2nd respondent police for the offences punishable under Sections 294(b) 506(i) of IPC, r/w Section 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.E.Antony Sahaya Prabahar, 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 Exclusive Trial of Cases Under SC/ST (PoA) Act, Ramanathapuram, 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 (Per.Admn)/ Vacation Officer // True Copy // / /2021 Sub Assistant Registrar(CS) TM/NSR 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 Exclusive Trial of Cases Under SC/ST (PoA) Act, Ramanathapuram 2/3

2.The Deputy Superintendent of Police, Mudhukulathur, Ramanathapuram District.

3.The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.

[Crime No.309/2021] 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate (SR-32010[F] dated 13/10/2021) 12.10.2021 NSN(CO) GC(25.10.2021) 3P 6C 3/3