Madras High CourtCRL OP(MD)/19002/2022disposed of

Alagesan v. The Deputy Superintendent Of Police

2022-11-14Honourable Mr Justice Sathi Kumar Sukumara Kurup2 pages

CRL.O.P (MD) No.19002 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.19002 of 2022 1.Alagesan 2.Baskaran 3.Palanisamy 4.Saravanan

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Theni, Theni District.

2.The State represented by The Inspector of Police, Palanichettipatti Police Station, Theni District.

(In Crime No.353 of 2022) 3.Indira

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the (*)Special Court for trial of cases under SC / ST (POA Act), Theni, to consider the Petitioners' bail application on merits on the date of surrender on the same day in Crime No.353 of 2022 on the file of the second Respondent Police. For Petitioners : Mr.N.Ranjith For R1 & R2 : Mr.A.Albert James Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the learned (*)Special Court for trial of cases under SC / ST (POA Act), Theni, to accept the Petitioners' surrender in connection with Crime No.353 of 2022 on the file of the second Respondent and consider their bail application on the same day on merits. 2.The Petitioners are the accused for the offences punishable under Sections 147, 148, 447, 427, 294(b), 324, 354, 506(ii) of IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (PoA) Amendment Act, 2015 in Crime No.353 of 2022, pending on the file of the second Respondent Police and apprehending arrest, they have filed the present Petition.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

https://www.mhc.tn.gov.in/judis 1/2

CRL.O.P (MD) No.19002 of 2022

4. Considering the nature of offences alleged against the Petitioners, this Criminal Original Petition is allowed. The Petitioners are directed to surrender before the learned (*)Special Court for trial of cases under SC / ST (POA Act), Theni, 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 on the website of this Court. The learned Judge shall consider the bail application of the Petitioners and dispose of the same as per law. The learned (*)Special Court for trial of cases under SC / ST (POA Act), Theni, shall cause notice to the De-Facto Complainant regarding the bail application when the bail application is filed. Sd/- Assistant Registrar (CS II) (*)Corrected as per the order of this Court dated 19.12.2022, made in Crl.MP.(MD)No.15595 of 2022 in CRL.O.

P (MD) No.19002 of 2022 Sd/- Assistant Registrar (CS II) // True Copy // /01/2023 Sub Assistant Registrar(CS) vsd To (*) To be substituted to the order already despatched on 29.11.2022 1.The Principal District and Sessions Judge, PCR Act Cases, Theni District 2.The Special Court for trial of cases under SC / ST (POA Act), Theni.

3.The Deputy Superintendent of Police, Theni, Theni District.

4.The Inspector of Police, Palanichettipatti Police Station, Theni District.

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

CRL.O.P (MD) No.19002 of 2022 14.11.2022 MGJ(28.11.2022) 2P 5C RD(05/01/2023) 2P 6C https://www.mhc.tn.gov.in/judis 2/2