Madras High CourtCRL OP(MD)/112/2022disposed of

Arun v. The Deputy Superintendent Of Police

2022-01-06Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Arun ... Petitioner/Accused Rank not known Vs 1.The Deputy Superintendent of Police, Valliyoor, Tirunelveli Distirct.

2.State rep. by The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

(Crime No.299/2021) ...Respondnts/Complainants 3.Sudar ...3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the 2nd Additional District and Sessions Judge (PCR) Court, Tirunelveli to accept the surrender of the petitioner and consider his bail application on the same day on merits relating to Crime No.299 of 2021, dated 21.09.2021.

For Petitioner : Mr.S.Sundarapandian For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 and 2.

2. Considering the nature of relief to be granted, notice to the defacto complainant is dispensed with.

3. The petitioner is figuring as accused in Crime No.299 of 2021 registered on the file of the second respondent for the offences under Sections 294(b), 323, 324 & 506(ii) of IPC r/w Sections 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST Amendment Act, 2015.

4. The petitioner's counsel states that the victim suffered only a minor injury and that he has since been discharged from the hospital.

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5. After going through the contents of the FIR, I am of the view that it is a case fit for grant of relief under Section 482 of Cr.P.C., The petitioner undertakes to surrender before the jurisdictional Court on 19.01.2022. The petitioner's surrender shall be accepted by the jurisdictional Court and his petition for bail shall be disposed of on the same day. The petitioner's counsel gives an undertaking that the defacto complainant will be notified about the proposed surrender of the petitioner on 19.01.2022. Such an intimation will be sent through registered post by tomorrow itself. The respondents 1 and 2 are also directed to give notice of hearing to the third respondent.

6. This Criminal Original Petition is disposed of with the following directions:-

(1) the petitioner shall surrender before the jurisdictional Court on 19.01.2022.

(2) the jurisdictional Court shall accept the surrender and dispose of the petitioner's bail petition on the same day of surrender on merits and in accordance with law. Sd/- Assistant Registrar (CS-I) // True Copy // 07/01/2022 Sub Assistant Registrar(CS-II) rmi 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 2nd Additional District and Sessions Judge (PCR) Court, Tirunelveli.

2.The Deputy Superintendent of Police, Valliyoor, Tirunelveli Distirct.

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3.The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

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

Crl.O.P(MD)No.112 of 2022 06.01.2022 RK(07/01/2021) 3P 5C 3/3