Madras High CourtCRL OP(MD)/18637/2022disposed of

Flarance @ Flarence @ Florence v. The Deputy Superintendent Of Police

2022-10-19Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.18637 of 2022 Flarance @ Flarence @ Florence

...Petitioner

vs 1.The Deputy Superintendent of Police Keelakakarai, Ramanathapuram District.

2.The Inspector of Police Keelaselvanoor Police Station Ramanathapuram District.

Crime No.15 of 2021 3.Soorammal

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for trial of cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ramanathapuram, to consider bail application of the Petitioner on the same day of his surrender in Spl.S.C.No.45 of 2022 on the file of the Special Court for SC/ST (POA) Act, Ramanathapuram in Crime No.15 of 2021 on the file of the second Respondent.

1/4

For Petitioner : Mr.D.Rameshkumar For R1 & R2 : Mr.R.Suresh Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the learned Sessions Judge, Special Court for trial of cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ramanathapuram to consider the Petitioner's bail application on the same day of his surrender in Crime No.15 of 2021 on the file of the second Respondent. 2.When the case came up for hearing, the learned Government Advocate(Crl.Side) for the Respondents 1 and 2 would submit that the charge sheet had been filed before the PCR Court, Ramanathapuram and the same had been taken on file in Spl.S.C.No.45 of 2022. 3.Considering the submissions made by the learned Government Advocate (Crl.side), this Criminal Original Petition is allowed with the following conditions:- 2/4

i) The Petitioner is directed to surrender before the learned Sessions Judge, Special Court for trial of cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ramanathapuram, within a period of 15 days from the date of receipt of a copy of this order or from the date of uploading the copy of this order in the official web-site of this Court.

ii) On such surrender by the Petitioner, the learned Sessions Judge, Special Court for trial of cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ramanathapuram, shall consider the bail application of the Petitioner and dispose of the same as per law.

19.10.2022 Internet:Yes/No Index:Yes/No mm To 1.The Sessions Judge, Special Court for trial of cases under SC/ST (Prevention of Atrocities) Act, 1989, Ramanathapuram. 3/4

SATHI KUMAR SUKUMARA KURUP , J.

mm 2.The Deputy Superintendent of Police Keelakakarai, Ramanathapuram District.

3.The Inspector of Police Keelaselvanoor Police Station Ramanathapuram District.

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

CRL.O.P (MD) No.18637 of 2022 19.10.2022 4/4