Madras High CourtCRL OP(MD)/16080/2020disposed of

Baskaran v. The Deputy Superintendent Of Police

2020-12-30Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.16080 of 2020 Baskaran : Petitioner/Accused No.1 Vs.

1. The Deputy Superintendent of Police, Aruppukkottai Sub Division,

2. The State represented by, The Inspector of Police, Pandalgudi Police Station, : Respondent/Complainant 3.Seeniraj : Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Judge, SC/ST (POA) Act, Srivilliputhur, Virudhunagar District to consider the bail application of the petitioner/accused to be filed in Crime No.195 of 2020 on the file of Pandalgudi Police Station and to accept his surrender on the same day on merits.

For Petitioner : Mr.M.Senthil Ayyanar For R1 & R2 : Mr.R.Seenivasan Government Advocate

ORDER

The petitioner is the sole accused in Crime No.195 of 2020, registered on the file of Pandalgudi Police Station, Virudhunagar District, for the offences under Sections 294(b), 324 and 506(ii) of the Indian Penal Code,1860 along with Sections 3(1)(r), 3(1)(s) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989.

2.The learned counsel appearing for the petitioner reiterated the contentions set out in the original petition. 1/3

3.The learned Government Advocate appearing for the 1st and 2nd respondents, on instructions, would submit that the petitioner is the sole accused in this case. The injured person was discharged from the Hospital. He would further submit that he has no objection for allowing this petition.

4.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents 1 & 2. Since no adverse order is going to be passed, notice to the 3rd respondent is dispensed with.

5.I am of the view that interest of justice will be served by permitting the petitioner to surrender before the learned Principal and Sessions Judge, SC/ST (PoA) Act Cases, Srivilliputhur, Virudhunagar District, within a period of eight weeks from the date of receipt of a copy of this order. The learned District Judge will dispose of the petitioner's bail petition on the same day of surrender on its own merits, after complying with Section 15A(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015.

6.This Criminal Original Petition is allowed on these terms. Sd/- Vacation Officer // True Copy // / /2021 Sub Assistant Registrar(CS) SMN2/SRM 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, SC/ST (PoA) Act Cases, Srivilliputhur,

2. The Deputy Superintendent of Police, Aruppukkottai Sub Division, 2/3

3. The Inspector of Police, Pandalgudi Police Station,

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

Crl.O.P(MD)No.16080 of 2020 30.12.2020 NS(CO) CS(05.01.2021) 3P 5C 3/3