Madras High CourtCRL OP(MD)/19166/2022disposed of

Rabin v. The Deputy Superintendent Of Police

2022-11-14Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP 1.Rabin 2.Jeraldu @ Jerald Joseph 3.Duraisingam 4.Bharathy 5.Chinnadurai

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kottaipattinam Sub Division, Pudukottai District.

2.The Inspector of Police, Thiruppunavasal Police Station, Pudukottai District.

(Crime No.55 of 2022) 3.Tamilselvan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to accept the surrender of the Petitioner before the Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act at Pudukottai, in connection with the Crime No.55 of 2022 on the file of the second 1/4

Respondent Police and to consider the bail application filed by the Petitioners on the same day.

For Petitioners : Mr.K.M.Karunakaran 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 Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act, Pudukottai, to accept the Petitioners' surrender in connection with Crime No.55 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, 294(b), 323, 324, 506 (ii) and 307 of IPC r/w Sections 3(1)(r), 3(2)(va) of SC/ST (PoA) Amendment Act, 2015 in Crime No.55 of 2022, pending on the file of the second Respondent Police and apprehending arrest, they have filed the present Petition. 2/4

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

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 Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act, Pudukottai, 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 Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act, Pudukottai, shall cause notice to the DeFacto Complainant regarding the bail application when the bail application is filed.

14.11.2022 Index:Yes/No vsd 3/4

SATHI KUMAR SUKUMARA KURUP , J.

vsd To 1.The Sessions Judge, Special Court for SC/ST (Prevention of Atrocities) Act, Pudukottai.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kottaipattinam Sub Division, Pudukottai District.

3.The Inspector of Police, Thiruppunavasal Police Station, Pudukottai District.

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

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