Madras High CourtCRL OP(MD)/125/2021disposed of

Mahesh v. The Deputy Superintendent Of Police

2021-01-07Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.125 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.125 of 2021 Mahesh ... Petitioner/Accused No.2 Vs.

1.The Deputy Superintendent of Police, Thiruvidaimarudhur Sub Division, Thanjavur District.

...1st Respondent/Investigating Officer 2.The Inspector of Police, Thiruvidaimarudhur Police Station, Thiruvidaimarudhur, Thanjavur District.

(Crime No.5/2021) ...2nd Respondent/Complainant 3.Muruganantham ...3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C to direct the learned I Additional District and Sessions Judge (Special Judge for PCR Cases), Thanjavur, Thanjavur District, to consider and dispose of the Bail application filed by the petitioner in Crime No.5 of 2021 dated 01.01.2021 on the file of the second respondent herein on the same day of his surrender before the said Court.

For Petitioner : Mr.A.Thiruvadi Kumar For Respondents 1 & 2 : Mr.R.Erottuchamay Government Advocate (Crl.side)

ORDER

The petitioner is the second accused in Crime No.05 of 2021 of Thiruvidaimarudhur Police Station, Thanjavur District. The said case was registered against the accused under Sections 294(b), 323, 324 and 341 IPC and Section 3(1)(r)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2.The present petition filed by the petitioner is to direct the learned I Additional District and Sessions Judge (Special Judge for PCR Cases), Thanjavur, Thanjavur District, to accept the surrender of the petitioner and also to consider the bail application on the same day.

3.Mr.R.Erottuchamy, learned Government Advocate (Crl.side) takes notice for the respondents 1 and 2. The third respondent is the de-facto complainant.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.125 of 2021 4.Since the prayer itself is to accept the surrender of the petitioner and consider the bail application by the learned Sessions Judge, Thanjavur, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned I Additional District and Sessions Judge (Special Judge for PCR Cases), Thanjavur, Thanjavur District, within a period of 15 days from the date of receipt of a copy of this order / uploading of the order.

2) On such surrender, concerned Sessions Judge, may consider the bail application filed by the petitioner on merits, after giving notice to the concerned Public Prosecutor.

5.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) rmk 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, Thiruvidaimarudhur Sub Division, Thanjavur District. 2.The Inspector of Police, Thiruvidaimarudhur Police Station, Thiruvidaimarudhur,Thanjavur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy To:- The First Additional District and Sessions Judge , (Special Judge for PCR Cases), Thanjavur Crl.O.P.(MD)No.125 of 2021 07.01.2021 (KUN)CO AP(21/01/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2