Madras High CourtCRL OP(MD)/16996/2021disposed of

Magarajan v. The Deputy Superintendent Of Police

2021-11-02Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Magarajan 2.Vasantha ... Petitioners/Accused Nos.9 & 10 Vs.

1.The Deputy Superintendent of Police, EOW-II/DIndigul, Police Control Room, (Near Anna Statue) Dindigul District-624 001 ...1st Respondent/Investigation Officer 2.The Inspector of Police, Vedasanthur Police Station, Dindigul District (Crime no.141 of 2021) ...2nd Respondents/Complainant 3.Sumathi ...3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Learned District and Sessions (Special Court for SC/ST Act cases, PCR), Dindigul to consider the bail application of the petitioners in Crime No.141of 2021 on the same date of surrender and dispose the same on its merits in accordance with law. For Petitioners : Mr.C.Ilayaraja For R-1 and R-2 : Mr.R.M.S.Sethuraman Additional Public Prosecutor

O R D E R

This petition has been filed to direct the learned District and Sessions (Special Court for SC/ST Act cases, PCR), Dindigul, to accept the surrender of the petitioners and consider the bail applications on the date of surrender in connection with Crime No.141 of 2021 on the file of the second respondent Police.

2. The petitioners are arrayed as A9 and A10 in Crime No.141 of 2021 on the file of the second respondent for the offences punishable under Sections 294(b), 506(ii) of I.P.C r/w 3(1)(r), 3(1) (s) the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act,1989.

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3. Mr.R.M.S.Sethuraman, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He would submit that the petitioners have not involved in any previous case and none sustained injury in this case.

4. Considering the facts and circumstances of the case, this Court is inclined to pass the following orders only to the petitioners:- 1)The petitioners shall appear before the learned District and Sessions (Special Court for SC/ST Act cases, PCR), Dindigul, 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 applications 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(AS) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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 District and Sessions Judge.

(Special Court for SC/ST Act cases, PCR), Dindigul 2/3

2.The Deputy Superintendent of Police, EOW-II/DIndigul, Police Control Room, (Near Anna Statue) Dindigul District-624 001 3.The Inspector of Police, Vedasanthur Police Station, Dindigul District Copy to The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

02.11.2021 SRK(CO) TR/PM(18.11.2021) 3P 5C 3/3