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Madras High CourtCRL OP(MD)/18658/2022allowed

G.Ravichandran v. The Deputy Superintendent Of Police

2022-11-08Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP 1.G.Ravichandran 2.G.Baskar 3.G.Arivalagan 4.R.Ramki 5.R.Rajesh

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Thiruvidaimarudur, Thanjavur District.

2.The Inspector of Police, Thiruppanandhal Police Station, Thanjavur District.

3.L.Perumal

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the I Additional District Judge and Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Thanjavur to pass order on the bail application filed by the Petitioners on the same day of surrender in Crime No.716 of 2022, dated 22.09.2022 on the file of the Inspector of Police, Thiruppanandhal Police Station, Thanjavur. 1/5

For Petitioner : Ms.S.Mahalakshmi 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 I Additional District and Sessions Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Thanjavur, to pass order on the bail application filed by the Petitioners on the same day of their surrender in Crime No.716 of 2022, dated 22.09.2022 on the file of the Inspector of Police, Thiruppanandhal Police Station, Thanjavur.

2.The learned Counsel for the Petitioners would submit that the Petitioners/A1 to A5 have involved in the offence under SC/ST (Prevention of Atrocities) Act. The Respondent police has registered the case against the Petitioners in Crime No.716 of 2022 for the offence punishable under Sections 147, 294(b), 323, 427 of IPC and Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (PoA) Act, 1989. Therefore, he seeks direction against the learned I Additional District and Sessions Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Thanjavur, to consider the Petitioners' bail application on the date of their surrender and filed this Petition. 2/5

3. The learned Government Advocate (Crl.Side) submits that A1 to A4 are having one previous cases of similar in nature and there is no previous case pending against A5.

4. Considering the submissions made by the learned Counsel for the Petitioners and the learned Government Advocate (Crl.side), this Criminal Original Petition is allowed. The Petitioners are directed to surrender before the learned I Additional District and Sessions Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Thanjavur, 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 learned Judge shall consider the bail application of the Petitioners and dispose of the same as per law.

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To 1.The I Additional District and Sessions Judge, Special Court for Trial of Cases under SC/ST (POA) Act, Thanjavur.

2.The Deputy Superintendent of Police, Thiruvidaimarudur, Thanjavur District.

3.The Inspector of Police, Thiruppanandhal Police Station, Thanjavur District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

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