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Madras High CourtCRL OP/13056/2022ordered

Periyasamy v. State Rep By

2022-06-02Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2022

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.13056 of 2022

1. Periyasamy S/o. Muthu

2. Ajith @ Ajith Kumar S/o.Ranganathan

3. Gowtham Raj S/o.Kumar

...Petitioners

Vs.

1. State Rep.by The Deputy Superintendent of Police Mettur Sub Division Salem District

2. The Inspector of Police Nangavalli Police Station Salem District

...Respondents

(Crime No.356 of 2020) PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal District and Sessions Judge, Salem to accept the surrender of the petitioner's and to consider the bail petition on the same day in Spl.S.C.No.11 of 2022 on the file of the Principle District and Session Court, Salem.

For Petitioners : Mr.S.Krishnamoorthy For Respondents : Mr.R.Vinothraja, Government Advocate (Crl. side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the Principal District and Sessions Judge, Salem to consider the surrender and pass favourable orders on the bail application filed by the petitioners on the same day in connection with Spl.S.C.No.11 of 2022.

https://hcservices.ecourts.gov.in/hcservices/

2. The petitioners claim that since they have been charged under various offences under the SC/ST (Prevention of Atrocities) Act, 1989, the bail would be granted only on their surrender. Therefore, a direction is sought seeking permission to surrender before the trial Court and in the event of surrender, bail application may be considered on the same day by the trial Court.

3. The petitioners are directed to surrender before the concerned Court after giving notice to the prosecution and the surrender must be at the time when the Court sits and the bail application, if any filed by the petitioners, should be considered on the same day on merits by the trial Court. With the above direction, this Criminal Original Petition stands allowed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar gpa/gm To

1. The Principal District and Sessions Judge Salem

2. The Deputy Superintendent of Police Mettur Sub Division Salem District

3. The Inspector of Police Nangavalli Police Station Salem District

4. The Public Prosecutor, High Court of Madras Crl.O.P.No.13056 of 2022 NK(CO) SP(06/06/2022) https://hcservices.ecourts.gov.in/hcservices/