Madras High CourtCRL OP(MD)/15796/2020disposed of

Selvapandi v. The Deputy Superintendent Of Police

2021-01-04Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA Selvapandi ... Petitioner/Accused No.6 Vs.

1.The Deputy Superintendent of Police, Vedasandur Taluk, 2.The State Rep. By The Inspector of Police, Eriyodu Police Station, (Crime No.1038 of 2020) ... 1st & 2nd Respondents/Complainants 3.Pitchai Mani ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C to direct the Principal and District Sessions Judge and (Special Court for Schedule caste and Schedule Tribes (Prevention of Atrocities) Act), Dindigul, to consider and accept the surrender of the petitioner and consider his bail application on the same date of surrender in connection with the case in Crime No.1038 of 2020, registered on 19.08.2020 on the file of the second respondent police.

For Petitioner : Mr.J.Lawrance For Respondents 1 & 2 : Mr.Karmegam Government Advocate

ORDER

The petitioner is the 6th accused in Crime No.1038 of 2020 of Eriyodu Police Station, Dindigul District and it was registered against the accused and others under Sections 147, 427, 323, 294(b), 506(ii) of IPC and Section 3(1) (r) 3(1) (s) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015. 2.The present petition filed by the petitioner is to direct the learned Principal District and Sessions Judge, Special Court for 1/3

Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, Dindigul, to accept the surrender of the petitioner and to consider the bail application on the same day.

3.Mr.Karmegam, learned Government Advocate takes notice for the respondents 1 and 2. The third respondent is the de-facto complainant.

4.Since the prayer itself is to accept the surrender of the petitioner and consider the bail application by the learned Principal District and Sessions Judge, Dindigul, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned Principal District and Sessions Judge, (Special Court for Schedule Caste and Schedule Tribes (Prevention of Attrocities) Act), Dindigul, within a period of 15 days from the date of receipt of a copy of this order / uploading of the order.

2) On such surrender, the learned Sessions Judge, may consider the bail application filed by the petitioner on merits, after giving notice to the concerned Public Prosecutor.

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

Sd/- Assistant Registrar(CS-II) /TRUE COPY/ / /2021 Sub Assistant Registrar 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 Principal and District Sessions Judge and Special Court for Schedule caste and Schedule Tribes (Prevention of Atrocities) Act, Dindigul.

2.The Deputy Superintendent of Police, Vedasandur Taluk, 2/3

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

+1 CC to M/s.J.LAWRANCE, Advocate ( SR-128[F] dated 05/01/2021 ) 04.01.2021 RM JM/18.01.2021/3P/6C 3/3