Mathan @ Mariappan v. The Deputy Superintendent of Police

O RDER

This Criminal Original Petition is filed seeking for a direction to the learned Special Judge for SC/ST Act Cases, Thoothukudi, to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.104 of 2023 on the file of the second respondent.

¶2It is submitted by the learned counsel appearing for the petitioners that the petitioners are Accused Nos.3 and 17 in Crime No.104 of 2023 on the file of the second respondent police, which was registered for the offences under Sections 147, 148, 341, 294(b), 323, 324, 307 and 506 (ii) of I.P.C. r/w. Sections 3 (1) (r), 3 (1) (s) and 3 (2)

(va) of the SC/ST (Amendment) (POA) Act, 2015.

¶3The petitioners submit that they intend to surrender before the learned Special Judge and sought for a direction to dispose of the bail application on the very same day in Crime No.104 of 2023 on the file of the second respondent. Learned Government Advocate (Criminal Side) submits that there is no previous criminal history.

¶4Considering the circumstances, the petitioners are at liberty to surrender before the learned Special Judge for SC/ST Act Cases, Thoothukudi, within a period of 15 days from the date of receipt of a copy of this order. If the petitioners surrender and file bail application, the learned Special Judge is directed to dispose of the same as per law as expeditiously as possible preferably on the same day by giving notice to the prosecutor and on hearing both sides. It is needless to state that merely because this direction is given to dispose of the application possibly on the very same day does not mean that the bail application shall be allowed. The learned Special Judge is directed to consider and dispose of the same on hearing both sides on the basis of merits and as per law.

17.07.2023

NCC:Yes/No Index : Yes/No Internet : Yes/No tsg To

1.The Special Court for SC/ST Act Cases, Thoothukudi.

2.The Deputy Superintendent of Police, Srivaikundam, Thoothukudi District.

3.The Sub-Inspector of Police, Seidunganallur Police Station, Thoothukudi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. DR.D.NAGARJUN. J.

tsg

17.07.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2023 CORAM: THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.12728 of 2023 1.Mathan @ Mariappan 2.Manoj @ Marimuthu ... Petitioners / Accused Nos.3 & 17 Vs. 1.The Deputy Superintendent of Police, Srivaikundam, Thoothukudi District. 2.The Sub-Inspector of Police, Seidunganallur Police Station, Thoothukudi District. (in Crime No.104 of 2023) ..Respondent Nos.1 & 2 / Complainants 3.Mundasamy ..3rd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for SC/ST Act Cases, Thoothukudi, to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.104 of 2023 on the file of the second respondent. For Petitioners : Mr.S.Sundarapandian For R1 and R2 : Mr.SS.Madhavan Government Advocate (Crl.Side)