Balakrishnan @ Palan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P(MD)No.17200 of 2022 1.Balakrishnan @ Palan 2.Venkatesan 3.Jeyalakshmi @ Latha

...Petitioners

vs 1.State represented by The Deputy Superintendent of Police, Theni Sub Division, Theni District.

2.State represented by the Inspector of Police, Veerapandi Police Station, Theni District.

(in Cr.No.301 of 2022) 3.Balamani

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special Court for the Exclusive Trial of SC and ST Cases, Theni to consider of the bail application on the surrender of the Petitioners in connection with case in Cr.No.301 of 2022 pending investigation on the file of the second Respondent Police on merits on the same day.

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For Petitioners :Mr.T.Wins For R1 and R2 :Mr.R.Suresh Kumar Government Advocate (Crl.side) For R3 :Mr.A.Sankarasubramanian ****

O R D E R

This Petition is filed seeking a direction to the learned Special Judge for the Exclusive Trial of SC and ST Cases, Theni to consider the bail application to be filed by the Petitioners on the same day on their surrender in connection with Cr.No.301 of 2022, on the file of the second Respondent.

2.The learned Counsel for the Petitioners submitted that the Petitioners are arrayed as A1 to A3 in Cr.No.301 of 2022 on the file of the second Respondent. The learned Counsel for the Petitioners seeks a direction from this Court to the learned Special Judge for the Exclusive Trial of SC and ST Cases, Theni to consider the bail application to be filed by the Petitioners on surrender before the learned Special Judge for the Exclusive Trial of SC and ST Cases, Theni in Cr.No.301 of 2022 on the file of the second Respondent. 3.The learned Government Advocate (Crl.side) appearing for the 2/5

Respondents 1 and 2, by way of reply, submitted that the accused have no previous case and injured has discharged from hospital. 4.Considering the submissions of the learned Counsel for the Petitioners and the learned Government Advocate (Crl.side), the Petitioners are directed to surrender within a period of 15 days from the date of receipt of a copy of this order or from the date of uploading this order in the website of this Court before the learned Special Judge for the Exclusive Trial of SC and ST Cases, Theni. On such surrender and on filing of bail application by the Petitioners herein, the learned Special Judge for the Exclusive Trial of SC and ST Cases, Theni, shall consider the bail application and pass appropriate orders as per law.

5.With the above directions, this Petition is allowed. 12.10.2022 Index:Yes/no cmr 3/5

To 1.The Special Judge for the Exclusive Trial of SC and ST Cases, Theni.

2.The Deputy Superintendent of Police, Theni Sub Division, Theni District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

cmr CRL.O.P(MD)No.17200 of 2022 12.10.2022 5/5