Madras High CourtCRL OP(MD)/17703/2022ordered

Rajamanickam v. The Deputy Superintendent Of Police

2022-10-06Honourable Mrs Justice T.V.Thamilselvi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P (MD) No.17703 of 2022 1.Rajamanickam 2.Marimuthu 3.Muruganandham @ Anand 4.Singaravel

...Petitioners/Accused Nos.1 to 4

Vs 1.The Deputy Superintendent of Police Pudukkottai.

2.State rep., by The Inspector of Police, Gandharvakkottai Police Station, Gandharvakkottai.

(Crime No.371 of 2022) .. Respondents/Complainant 3.Ankuraj

...Respondent/Defacto

Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Sessions Judge, Special Court for exclusive 1/5

trial of the cases under SC/ST (Prevention of Atrocities) Act, Pudukkottai to accept the surrender of the petitioners and consider their bail application on the same day on merits in respect of Crime No.371 of 2022 ont eh file fohte Gandharvakkottai Police Station, Gandharvakkottai, Pudukkottai District. For Petitioner : Mr.P.Vadivel For R1 & R2 : Mr.A.Albert James Government Advocate (Crl.Side)

O R D E R

The petitioners are the accused in Crime No.371 of 2022 on the file of Gandarvakkottai Police Station, Pudukkkottai District, and the offences alleged against the accused are under Sections 294(b), 341, 323 of IPC r/w 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989.

2. The present petition filed by the petitioners is to direct the learned Sessions Judge, Special Court for exclusive trial of the cases under SC/ST (POA) Act, Pudukkottai, to accept the surrender of the petitioners and also to consider the bail application on the same day. 2/5

3. Mr.A.Albert James, learned Government Advocate (Crl. Side) accepts notice for the respondents 1 and 2. The third respondent is the defacto complainant.

4. Since the prayer itself is to accept the surrender of the petitioners and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned Sessions Judge, Special Court for exclusive trial of the cases under SC/ST (Prevention of Atrocities) Act, Pudukkottai, within a period of 15 days, from the date of uploading the order copy in the website of this Court and

2) On such surrender, concerned Sessions Judge, may consider the bail application filed by the petitioners on merits on the same day of surrender, after giving notice to the concerned Public Prosecutor and by complying Section 15(5) of the Act.

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5. With the above observation, this Criminal Original Petition is disposed of.

06.10.2022 Internet:Yes/No Index:Yes/No Rmk To

1. The Sessions Judge, Special Court for exclusive trial of the cases under SC/ST (Prevention of Atrocities) Act, Pudukkottai.

2.The Deputy Superintendent of Police Pudukkottai.

3.The Inspector of Police, Gandharvakkottai Police Station, Gandharvakkottai.

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

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T.V.THAMILSELVI , J., Rmk CRL.O.P (MD) No.17703 of 2022 06.10.2022 5/5