Madras High CourtCRL OP(MD)/21086/2022disposed of

Archana v. The Deputy Superintendent Of Police

2022-11-29Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2022 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P(MD).No.21086 of 2022

1. Archana,

2. Rakesh @ Rakki,

3. Meenal,

4. Vicky, : Petitioners Vs

1. The Deputy Superintendent Of Police, Sivagangai District.

2. The Inspector of Police, Sivagangai Town Police Station, Sivagangai District (Crime No.437 of 2022).

3. S.Rajesh : Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the learned Special Court for Exclusive Trial of Cases under SC/ST(Prevention of Atrocities) Act, 1969, Sivagangai to consider the bail application of the Petitioners on the same day of their surrender before the Court in connection with Crime No.437 of 2022, on the file of the second Respondent.

For Petitioners : Mr.R.M.Arun Swaminathan For R1 and R2 : Mr.R.Suresh Kumar 1/5

Government Advocate (Crl.Side)

O R D E R

This criminal original petition had been filed seeking a direction to the learned Special Court for Exclusive Trial of Cases under SC/ST(Prevention of Atrocities) Act, 1969, Sivagangai, to consider the bail application of the Petitioners on the same day of their surrender before the Court in connection with Crime No.437 of 2022, on the file of the second Respondent.

2. The learned Counsel appearing for the Petitioners submits that this petition had been filed seeking a direction against the learned Special Court for Exclusive Trial of Cases under SC/ST(Prevention of Atrocities) Act, 1969, Sivagangai, to consider the bail application of the Petitioners on the same day of their surrender. Further, he submits that the Petitioners 1 and 2 are husband and wife and the defacto complainant is the neighbour of the Petitioners. 3.The learned Government Advocate (Crl.Side) appearing for the Respondents 1 and 2 submits that there is no previous case pending against the Petitioners and also it is a case and counter. 4.In the light of the submission made by the learned Government 2/5

Advocate (Crl.Side), the Petitioners are directed to surrender before the learned Special Judge, Special Court for Exclusive Trial of Cases under SC/ST(Prevention of Atrocities) Act, 1969, Sivagangai, within a period of fifteen days from the date of receipt of a copy of this order or from the date of uploading of this order in the website of this Court. On such surrender and filing an application seeking bail, the learned Special Judge, Special Court for Exclusive Trial of Cases under SC/ST(Prevention of Atrocities) Act, 1969, Sivagangai, shall issue notice to the defacto complainant and pass appropriate orders as per law.

5.With the above direction, this criminal original petition is disposed of. 29.11.2022 Index :Yes/No Internet : Yes/No lr 3/5

1. The Special Judge, Special Court for Exclusive Trial of Cases under SC/ST(Prevention of Atrocities) Act, 1969, Sivagangai.

2. The Deputy Superintendent Of Police, Sivagangai District.

3. The Inspector of Police, Sivagangai Town Police Station, Sivagangai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

SATHI KUMAR SUKUMARA KURUP, J.

lr 29.11.2022 5/5