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Madras High CourtCRL OP(MD)/18379/2022allowed

Santhosh Kumar v. The Deputy Superintendent Of Police

2022-10-18Honourable Mr Justice Sathi Kumar Sukumara Kurup2 pages

Crl.O.P.(MD) No.18379of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.18379 of 2022

1. Santhosh Kumar

2. Jeyapriyan

...Petitioners/Accused 1 & 2

vs

1. The Deputy Superintendent of Police Alangudi, Pudukottai District

2. The Inspector of Police Keeramangalam Police Station Pudukottai District (Crime No.199/2022)

...Respondents/Complainants

3. Elavarasan

...Respondents/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for prevention of SC/ST Act Cases Pudukkottai to consider the Petitioners Bail application on the same day on their surrender before the Special Court for Prevention of SC/ST Act Cases Pudukottai and grant bail on the date of surrender itself.

For Petitioners : Mr.E.Balasubramanian For R1 & R2 : Mr.R.Sureshkumar Government Advocate (Crl.Side)

O R D E R

(*)This Criminal Original Petition is filed for a direction to direct the Special Court for prevention of SC/ST Act Cases, Pudukottai to consider the bail petition of the Petitioners and dispose the same on merits and in accordance with law in Crime No.199 of 2022 for the offences under Sections 294(b),341,323,355 of IPC and 3(1)(r),3(1)(s) and 3(2)(va) of SC/ST(POA) Amendment Act, 2015 on the file of the 2nd Respondent police.

2. It is the submission of the learned Counsel for the Petitioners that there had been wordy quarrel, for which case and counter case has also been registered.

3. The learned Government Advocate(Crl.Side)would submit counter case has also been registered. He would also submit that the injured has been discharged from the hospital https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.(MD) No.18379of 2022

4. Considering the submissions made by the learned Counsel for the Petitioners, this Criminal Original Petition is allowed. The Petitioners are directed to surrender before the Special Court for prevention of SC/ST Act Cases Pudukkottai within a period of 15 days from the date of receipt of copy of this order or 15 days from the date of uploading the order copy in the website of this Court . The Special Judge shall consider the bail application of the Petitioners and dispose of the same as per law.

Sd/- Assistant Registrar(C.O) (*)Corrected as per the order of this Hon'ble Court dated 02/11/2022 made in CRL.OP(MD).No.18379 of 2022 (*)15 days time is extended to surrender the Petitioner before the Court concerned from the date of receipt of copy of this order or 15 days from the date of uploading the order copy in the website of this Court .

Sd/- Assistant Registrar() // True Copy // 02/11/2022 Sub Assistant Registrar(CS) aav (*) To be substiuted the order already despathced on 28/10/2022 To 1.The Special Court for prevention of SC/ST Act Cases, Pudukkottai 2.The Deputy Superintendent of Police Alangudi, Pudukottai District 3.The Inspector of Police Keeramangalam Police Station Pudukottai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL.O.P (MD) No.18379 of 2022 18.10.2022 SI(26.10.2022) 2P 5C KB(02.11.2022) 2P 5C https://www.mhc.tn.gov.in/judis 2/2