This court allowed a Crl.OP under Section 482 CrPC directing the Additional District Sessions Judge to direct petitioners to surrender and consider their bail application on merits on the same date.
Allowed; directed petitioner to appear before Special Court within 15 days for surrender and bail consideration on same date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.(MD)No.2078 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.02.2021
CORAM :
THE HONOURABLE Mrs. JUSTICE R.THARANI Crl.O.P.(MD)No.2078 of 2021
2.Selvam @ Selvaraj ... Petitioners/Accused 1 & 2 Vs.
1.The State rep. by
The Deputy Superintendent of Police Vedasandur Division Dindigul District. ... 1st Respondent/Investigating Officer
2.The Inspector of Police, Vedasandur Police Station, Dindigul District. ...2nd Respondent/Complainant 3.Kaliswari ...3rd Respondent/Defacto Complainant
Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C direct the Additional District and Sessions Judge,(Special Court for PCR Cases) Dindigul, to consider the Bail application of the petitioners on the same day in respect of Crime No.65 of 2021 on the file of the second respondent.
For Petitioners : Mr. D.Venkatesh For Respondents 1 & 2 : Mr.R.Erottuchamy Government Advocate
ORDER
The petitioners are the accused in Crime No.65 of 2021 of Musiri Police Station, Trichy District. The said case was registered against the accused under Sections 294(b), 506(ii) of IPC r/w. Section 3 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, r/w. Section 3(1) (r) 3(1) (s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act.
2.The present petition filed by the petitioners is to direct the Special Court for Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, to accept the surrender of the petitioners and also to consider the bail application on the same day.
3.Mr.R.Erottuchamy, learned Government Advocate, takes notice for the respondents 1 and 2. The third respondent is the defacto complainant.
1/3
Crl.O.P.(MD)No.2078 of 2021
4.Since the prayer itself is to accept the surrender of the petitioners and consider the bail application by the learned Additional District and Sessions Judge (Special Court for PCR Cases) Dindigul, this Court is inclined to pass the following orders :-
(i) After giving notice to the concerned Public Prosecutor and the defacto complainant, the petitioner should appear before the Additional District and Sessions Judge (Special Court for PCR Cases) Dindigul, within a period of 15 days from the date of receipt of a copy of this order / uploading of the order.
(ii) On such surrender, concerned Sessions Judge, may consider the bail application filed by the petitioner on merits, preferably on the same date.
5.With the above observation, this Criminal Original Petition is allowed.
Sd/-
Assistant Registrar
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
Ls
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
2/3
Crl.O.P.(MD)No.2078 of 2021
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.D.VENKATESH, Advocate ( SR-4721[F] dated 12/02/2021 )
Crl.O.P.(MD)No.2078 of 2021
11.02.2021
(NA)CO AP(18/02/2021) 3P 6C
3/3
2 issues framed by the court
Whether the Criminal Original Petition under Section 482 CrPC for surrender and bail consideration should be allowed.
Whether the petitioner should be directed to appear before the Special Court for PCR Cases.
1 provisions across 1 enactments
Rajendran
Selvam @ Selvaraj
The State
Deputy Superintendent of Police
Inspector of Police
Kaliswari
R.Tharani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
