Madras High CourtCRL OP(MD)/16734/2021disposed of

Rajkumar v. The Deputy Superintendent Of Police

2021-11-01Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.16734 of 2021 1.Rajkumar 2.Renuga ... Petitioners/A1 & A2 Vs.

1.The Deputy Superintendent of Police, Samayanallur, Madurai District.

2.The State represented by The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.

(Crime No.380 of 2021) ... Respondents No.1 & 2/ Complainants 3.Muthuselvi ... Defacto Complainant/ 3rd Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned III Additional District and Session Judge and Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai to accept the surrender of the petitioners and consider their bail applications and grant bail on the same date of surrender itself in connection with the case in Crime No.380 of 2021 registered on 22.09.2021 on the file of the 2nd respondent police.

For Petitioners : Mr.V.Maharajan For R1 & R2 : Mr.R.M.S.Sethuraman Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to the learned III Additional District and Session Judge and Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No.380 of 2021 on the file of the 2nd respondent Police.

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2.The petitioners are the accused 1 and 2 in Crime No.380 of 2021 on the file of the 2nd respondent police for the offences punishable under Sections 294(b) and 506 (i) of I.P.C, Section 3(1) (r), 3(1)(s) of 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 learned III Additional District and Session Judge and Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai, 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 directions, 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 III Additional District and Session Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai 2/3

2.The Deputy Superintendent of Police, Samayanallur, Madurai District.

3.The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.

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

Crl.O.P.(MD)No.16734 of 2021 01.11.2021 MGJ(06.12.2021) 3P 5C 3/3