Madras High CourtCRL OP(MD)/20576/2022disposed of

Joseph Antony @ Anto v. The Deputy Superintendent Of Police

2022-11-23Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

1. Joseph Antony @ Anto

2. Dennis @ Tennis

3. Ebarson @ Evarson

4. Arputharaja @ Raja

5. Rincin @ Insilian

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Tiruchendur Sub Division Tiruchendur, Thoothukudi District 2.The Inspector of Police, Tiruchendur Temple Police Station Tiruchendur Thoothukudi District 3.Mayakumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Sessions Judge, Special Court for SC/ST(POA) Act, Thoothukudi to consider the bail application of the Petitioner on the same day of their surrender in Crime No.121 of 2022 on the file of the 1st and 2nd Respondents police.

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For Petitioners : Mr.N.Pragalathan For R1 & R2 : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

This Criminal Original Petition had been filed to direct the learned Sessions Judge, Special Court for SC/ST(POA) Act, Thoothukudi to consider the bail application of the Petitioner on the same day of their surrender in Crime No.121 of 2022 on the file of the 1st and 2nd Respondents police.

2.The Petitioners are the accused for the offences punishable under Sections 147,447,294(b),323,506(2) of IPC and Sections 3(1)(r), 3(1)(s), 3 (2)(v)(a) of SC/ST (PoA) Amendment Act, 2015 in Crime No. 121 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 for the Petitioners, the learned Additional Public Prosecutor and perused the materials available on record. 2/5

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(POA) Act, Thoothukudi 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(POA) Act, Thoothukudi, shall cause notice to the De-Facto Complainant regarding the bail application when the bail application is filed. 23.11.2022 Index:Yes/No Internet: Y es/No aav 3/5

To 1.The Sessions Judge, Special Court for SC/ST(POA) Act, Thoothukudi 2.The Deputy Superintendent of Police, Tiruchendur Sub Division Tiruchendur, Thoothukudi District 3.The Inspector of Police, Tiruchendur Temple Police Station Tiruchendur Thoothukudi District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

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