Madras High CourtCRL OP(MD)/19650/2022disposed of

Athiyappan 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.Athiyappan 2.P.Tamilselvam 3.A.Rajan 4.Mahendan

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

2.The Inspector of Police, Seithur Police Station, Virudhunagar District.

(Crime No.218 of 2022) 3.Esakiyammal

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Judge for SC/ST (Prevention of Atrocities) Act (PCR Court), Srivilliputhur, Virudhunagar District, to consider the bail application of the Petitioners/6th , 8th , 9th & 10th Accused on the same day of his surrender in Crime No.218 of 2022 on the file of the Seithur Police Station, Virudhunagar.

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For Petitioners : Mr.M.Arumugam 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 Judge for SC/ST (Prevention of Atrocities) Act (PCR Court), Srivilliputhur, Virudhunagar District, to accept the Petitioners' surrender in connection with Crime No.218 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, 354, 506(ii) of IPC and Sections 3(1)(a), 3(1)(r), 3(1)(s), 3(1)(w)(i), 3(2)(va) of SC/ST (PoA) Amendment Act, 2015 in Crime No.218 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.

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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 Judge for SC/ST (Prevention of Atrocities) Act, (PCR Court), Srivilliputhur, Virudhunagar District, 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 Judge for SC/ST (Prevention of Atrocities) Act, (PCR Court), Srivilliputhur, Virudhunagar District, shall cause notice to the De-Facto 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 Special Judge for SC/ST (Prevention of Atrocities) Act (PCR Court), Srivilliputhur, Virudhunagar District.

2.The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

3.The Inspector of Police, Seithur Police Station, Virudhunagar District.

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

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