Madras High CourtCRL OP(MD)/16586/2021disposed of

Hari @ Hariharan v. The Deputy Superintendent Of Police

2021-10-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.16586 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.16586 of 2021 Hari @ Hariharan ... Petitioner/Accused No.2 Vs.

1.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

2.The State rep. By its The Inspector of Police, Emaneswaram Police Station, Theni District.

(Cr. No.300 of 20210 ... Respondent/Complainant 3.Vengateshwaran ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Principal Sessions Judge (Special Court for SC/ST (POA Act), Ramanathapuram, to accept the surrender of the petitioner and consider the bail application on merits on the date of surrender in Crime No.300 of 2021 on the file of the 2nd respondent police.

For Petitioner : Mr.S.Senthil Sankaranathakumar For Respondents : Mr.R.M.S.Sethuraman for R1 & R2 Additional Public Prosecutor

ORDER

This petition has been filed to direct the learned Principal Sessions Judge (Special Court for SC/ST (POA Act), Ramanathapuram, to accept the surrender of the petitioner and consider the bail application on the date of his surrender in connection with Crime No.300 of 2021 on the file of the 2nd respondent Police. 2.The petitioner is an accused in Crime No.300 of 2021 on the file of the 2nd respondent police for the offences punishable under Sections 147, 148, 294(b), 341, 324, 506(ii) of IPC, r/w Section 3 (1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015.

3.Mr.RMS.Sethuraman, 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 treated as out patient.

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Crl.O.P.(MD)No.16586 of 2021 4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioner shall appear before the learned Principal Sessions Judge (Special Court for 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 petitioner 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 (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 Sessions Judge,(Special Court for SC/ST (POA Act), Ramanathapuram.

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

3.The Inspector of Police, Emaneswaram Police Station, Theni District.

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

+1 CC to M/s.S.SENTHIL SANKARA NATHA KUMAR, Advocate (SR-33323[F] dated 29/10/2021) Crl.O.P.(MD)No.16586 of 2021 28.10.2021 GC/UV(02.11.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2