Madras High CourtCRL OP(MD)/19716/2022disposed of

Palanisamy 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.Palanisamy 2.Pandiyammal @ Muthupandi 3.Hariprasanth

...Petitioners

Vs.

1.State represented by The Deputy Superintendent of Police, Periyakulam, Theni District.

2.The Inspector of Police, Devathanapatti Police Station, Theni District.

(In Crime No.411 of 2022) 3.Veeramani

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for Trail of SC/ST Act Cases, Theni, to accept the surrender of the Petitioners and consider the bail application to be filed by the Petitioners on the same day on merits in Crime No.411 of 2022 on the file of the second Respondent Police.

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For Petitioners : Mr.P.Athimoolapandian 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, Special Court for Trial of SC/ST Act Cases, Theni, to accept the Petitioners' surrender in connection with Crime No.411 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, 294(b), 323, 506(i) of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (PoA) Amendment Act, 2015 in Crime No.411 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, Special Court for Trial of SC/ST Act Cases, Theni 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, Special Court for Trail of SC/ST Act Cases, Theni 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, Special Court for Trail of SC/ST Act Cases, Theni.

2.The Deputy Superintendent of Police, Periyakulam, Theni District.

3.The Inspector of Police, Devathanapatti Police Station, Theni District.

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

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