Madras High CourtCRL OP(MD)/15385/2023disposed of

Pappu v. The Deputy Superintendent Of Police

2023-08-31Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN 1.Pappu 2.Sakthivel

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Manapparai, Trichy District.

2.The Inspector of Police, Vaiyampatti Police Station, Trichy District.

In Crime No.256/2023.

3.Arumugam

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for Trial of Cases Registered under SC/ST (POA), Act, 1989, Tiruchirappalli, to accept the surrender of the petitioners and consider his bail application on the same day in Crime No.256/2023 pending on the file of the second respondent police.

For Petitioners : Mr.R.Anandharaj For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) 1/4

O RDER This Criminal Original Petition is filed under Section 482 of Cr.P.C. seeking for a direction to the learned Special Judge for Trial of Cases registered under SC/ST (POA) Act, 1989, Tiruchirappalli, to consider the petitioners' bail application on the date of their surrender in connection with Crime No.256 of 2023 on the file of the second respondent Police.

2. It is submitted by the learned counsel that the petitioners are Accused Nos.1 and 2 in Crime No.256 of 2023 on the file of the second respondent police, which was registered for the offences under Section 406 of IPC r/w Sections 3 (1) (f) and 3 (1) (g) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015 and the petitioners submit that they intend to surrender before the learned Special Judge and sought for a direction to dispose of the bail application on the very same day in Crime No.256 of 2023 on the file of the second respondent.

3. Learned Government Advocate (Criminal Side) submits that there is no previous criminal history.

2/4

4. Considering the circumstances, the petitioners are at liberty to surrender before the learned Special Judge for Trial of Cases registered under SC/ST (POA) Act, 1989, Triuchirappalli, within a period of 15 days from the date of receipt of a copy of this order. If the petitioners surrender and file bail application, the learned Special Judge is directed to dispose of the same as per law as expeditiously as possible preferably on the same day by giving notice to the prosecutor and on hearing both sides.

5. It is needless to state that merely because this direction is given to dispose of the application possibly on the very same day, it does not mean that the bail application shall be allowed. The learned Special Judge is directed to consider and dispose of the same on hearing both sides on the basis of merits and as per law.

6. With the above direction, the Criminal Original Petition is disposed of.

Speaking : Yes / No 31.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No tsg 3/4

DR.D.NAGARJUN. J.

tsg To 1.The Special Court for Trial of Cases Registered under SC/ST (POA) Act, 1989, Tiruchirappalli 2.The Deputy Superintendent of Police, Manapparai, Trichy District.

3.The Inspector of Police, Vaiyampatti Police Station, Trichy District.

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

Crl.O.P.(MD)No.15385 of 2023 31.08.2023 4/4