Madras High CourtCRL OP(MD)/16457/2021disposed of

Arumugam v. The Deputy Superintendent Of Police

2021-10-27Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.16457 of 2021 1.Arumugam 2.Anbu 3.Pathampriyal 4.Kalidoss 5.Chellamuthu ... Petitioners/Accused Vs.

State rep by 1.The Deputy Superintendent of Police, Kottaipattinam Sub-division, 2.The Inspector of Police, Mimisal Police Station, (Crime No.441/2021).

... Respondents/Complainants 3.Karuppaiya ... Respondent/Defacto Complainant/victim PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, directing the Principal District and Sessions Judge, (Special Judge for SC & ST Act Cases), Pudukottai to consider the bail application of the petitioners concerned in Crime No.441 of 2021 on the file of Inspector of Police, Mimisal Police Station, on their surrender on the same day.

For Petitioners : Mr.S.Kasirajan For R1 & R2 : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition has been filed to direct the learned Principal District and Sessions Judge, (Special Judge for SC & ST Act Cases), Pudukottai, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No.441 of 2021 on the file of the 2nd respondent Police. 2.The petitioners are the accused persons in Crime No.441 of 2021 on the file of the 2nd respondent police for the offences punishable under Sections 147, 323 and 506 (i) of I.P.C r/w Section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes 1/3

(Prevention of Atrocities) Amendment Act, 2015. 3.Mr.R.M.S.Sethuraman, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He would submit that no previous case is pending against the petitioners and the injured 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 Principal District and Sessions Judge, (Special Judge for SC & ST Act Cases), Pudukottai, 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-III) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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 District and Sessions Judge, (Special Judge for SC & ST Act Cases), Pudukottai. 2.The Deputy Superintendent of Police, Kottaipattinam Sub-division, 2/3

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

+1 CC to M/s.S. KASIRAJAN, Advocate ( SR-33107[F] dated 28/10/2021 ) 27.10.2021 PS(CO) KB(16.11.2021) 3P 6C 3/3