Madras High Court
Siva @ Subasundaram vs The Deputy Superintendent Of Police on 1 October, 2021
Author: G.Ilangovan
Bench: G.Ilangovan
Crl.O.P.(MD)No.14790 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.10.2021
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.14790 of 2021
Siva @ Subasundaram ...Petitioner/Accused No.7
Vs.
1.The Deputy Superintendent of Police,
Thirumayam Range,
Pudukkottai District.
2.The Inspector of Police,
Thirumayam Police Station,
Pudukkottai District.
(Crime No.35 of 2018). ...Respondents/Complainant
3.Kannan ...Respondent/Defacto Complainant
4.Parthiban
5.Sarathkumar ...Respondents/Victim
Prayer : Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to direct the learned Special Court for Prevention of
SC/ST Act Cases, Pudukottai and consider the petitioner's Bail Application
on the same day upon his surrender pursuant to the Non Bailable Warrant
issued in Spl.S.C.No.101 of 2019, dated 23.10.2019, pending on the file of
the learned Special Court for prevention of SC/ST Act Cases, Pudukottai
and grant bail on the date of surrender itself.
https://www.mhc.tn.gov.in/judis/
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Crl.O.P.(MD)No.14790 of 2021
For Petitioner : Mr.E.Balasubramanian
For Respondents : Mr.RMS.Sethuraman
Additional Public Prosecutor
ORDER
This petition has been filed seeking direction to the learned Special Court for Prevention of SC/ST Act Cases, Pudukottai and consider the petitioner's Bail Application on the same day upon his surrender pursuant to the Non Bailable Warrant issued in Spl.S.C.No.101 of 2019, dated 23.10.2019, pending on the file of the learned Special Court for prevention of SC/ST Act Cases, Pudukottai and grant bail on the date of surrender itself.
2.The learned counsel for the petitioner submitted that this petitioner is involved in Crime No.35 of 2018 for the offences under Sections 147, 148, 294(b), 324 of IPC and Section 3(1)(r), 3(1) (s) & 3(2)(va) of SCH Caste SCH Tribes (Prevention of Atrocities) Amendment Act, 2015. The learned counsel further submits that the petitioner was earlier released on bail and since the Charge Sheet was not filed, due this avocation, he went to Malaysia. Hence, a split charge sheet has been filed in Spl.S.C.No.101 of 2019 and Non-Bailable Warrant is pending from 23.10.2019.
3.I find absolutely no merit in this petition. It appears hat the https://www.mhc.tn.gov.in/judis/ 2/4 Crl.O.P.(MD)No.14790 of 2021 petitioner earlier released on bail and without proper permission, he went to Malaysia and therefore, Non Bailable Warrant has been issued. He has to appear before the concerned Court and get the warrant recalled by making proper reasons. Hence, question of directing the Special Court to consider the recall petition is not proper and appropriate.
4.Accordingly, this criminal original petition is dismissed.
01.10.2021 Index : Yes/No Internet:Yes/No TM 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
1.The Deputy Superintendent of Police, Thirumayam Range, Pudukkottai District.
2.The Inspector of Police, Thirumayam Police Station, Pudukkottai District.
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