Velmurugan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.16411 of 2021 1.Velmurugan 2.Boopathi 3.Palanivel 4.Murugavalli ... Petitioners Vs.

1.The Deputy Superintendent of Police, Muthukulathoor Sub Division, 2.The State, Represented by Inspector of Police, Peraiyur Police Station, 3.Anandaprabhu ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Court for SC/ST cases (PCR) Court, Ramanathapuram to accept the surrender of the petitioners and consider their bail application on the same day on merits in Crime No.141 of 2021 dated 14.10.2021 on the file of the 2nd respondent police.

For Petitioners : Mr.A.Uthayakumar For R1 & R2 : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition is filed seeking direction to the Special Court for SC/ST cases (PCR) Court, Ramanathapuram to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No.141 of 2021 on the file of the 2nd respondent Police.

2.The petitioners are the accused 2 to 5 in Crime No.141 of 2021 on the file of the 2nd respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 427 and 506 (ii) of I.P.C r/w Section 3(1)(i), 3(1)(r), 3(1)(s) and 3(2)(va) of 1/3

the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3.Mr.R.M.S.Sethuraman, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2.

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 cases (PCR) Court, 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 (CS-I) // 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 Special Court for SC/ST cases (PCR) Court, Ramanathapuram.

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

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

27.10.2021 RD(09.12.2021) 3P 5C 3/3