Madras High CourtCRL OP(MD)/21100/2021disposed of

Albert Dileep @ Thileepan v. The Deputy Superintendent Of Police

2021-12-29Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.12.2021

CORAM:

THE HONOURABLE MRS.JUSTICE S.ANANTHI Crl.O.P.(MD)No.21100 of 2021 A.Albert Dileep @ Thileepan : Petitioner/Sole Accused Vs.

1.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Thirupattur Sub-Division, Sivagangai District.

2.State through The Inspector of Police, Kandavarayanpatti Police Station, Sivagangai District.

Crime No.114 of 2021.

: Respondents/Complainants 3.Gopal : 3rd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the learned Special Judge, Special Court for Exclusive Trial of PCR Act cases, Sivagangai, to consider the bail application of the petitioner on the same day on merits in Crime No.114 of 2021 on the file of the second respondent. For Petitioner : Mr.Jinnah, S.M.A.

For R-1 and R-2 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

O R D E R

The Criminal Original Petition has been filed to direct the learned Special Judge, Special Court for Exclusive Trial of PCR Act cases, Sivagangai, to consider the bail application of the petitioner on the same day on merits in Crime No.114 of 2021 on the file of the second respondent.

2. The petitioner is the accused in Crime No.114 of 2021, on the file of the second respondent for the offences punishable under Sections 3(1)(r) and 3(1)(s) of SC/ST (POA) Act, 1989. 3.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor, who accepts notice for the respondents 1 and 2 would submit that no injury was sustained by any person.

4. Considering the facts and circumstances of the case and also taking into consideration the submission of the learned Additional 1/3

Public Prosecutor, this Court is inclined to allow the petition, as per the following conditions:- 1)The petitioner shall appear before the learned Special Judge, Special Court for Exclusive Trial of PCR Act cases, Sivagangai, within a period of 15 days from the date of receipt of a copy of this order.

2)On such surrender along with notice served to the defacto complainant, the concerned Judge shall consider the bail application filed by the petitioner and pass orders on merits on the same day of his surrender, after hearing the defacto complainant by complying with Section 15(5) of the Act.

5. Accordingly, this Criminal Original Petition is allowed. Sd/- Vacation Officer/ Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) das Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Special Judge, Special Court for Exclusive Trial of PCR Act cases, Sivagangai, 2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Thirupattur Sub-Division, Sivagangai District.

3.The Inspector of Police, Kandavarayanpatti Police Station, Sivagangai District.

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

Crl.O.P.(MD)No.21100 of 2021 29.12.2021 KB(30.12.2021) 3P 5C 3/3