Madras High CourtCRL OP(MD)/111/2021disposed of

Periya Udayar v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD)No.111 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.111 of 2021 1.Periya Udaiyar 2.Ganesh 3.Satish @ Satish Kumar 4.Santhosh 5.Kadarkarai @ Kanagaraj ... Petitioners/Accused Nos.1 to 3,5&6 Vs.

1.The State rep., by the Deputy Superintendent of Police, Tenkasi, Tenkasi District.

2.The Inspector of Police, Chinnakovilankulam Police Station, Tirunelveli District.

(Crime No.2/2020) ... Respondents /Complainants 3.Suresh Babu ...3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C to direct the II Additional District and Sessions Judge (PCR), Tirunelveli, Tirunelveli District to consider the petitioners' bail application on the date of surrender on the same day in Crime No.2/2021 on the file of the second respondent police for the offences under Sections 147, 448, 294(b) and 506(i) IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities), Amendment Act, 2015. For Petitioner : Mr.K.Jeyamohan For Respondents 1 & 2 : Mr.R.Erottuchamay Government Advocate (Crl.side)

ORDER

The petitioners are the accused Nos.1 to 3, 5 and 6 in Crime No.2 of 2021 of Chinnakovilankulam Police Station, Tirunelveli District. The said case was registered against the accused under Sections 147, 448, 294(b) and 506(i) IPC and Sections 3(1)(r), 3(1) (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 petitioners is to direct the learned II Additional District and Sessions Judge (PCR), Tirunelveli, Tirunelveli District, to accept the surrender of the petitioners 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.111 of 2021 4.Since the prayer itself is to accept the surrender of the petitioners and consider the bail application by the learned Sessions Judge, Tirunelveli, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned II Additional District and Sessions Judge (PCR), Tirunelveli, Tirunelveli 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 petitioners 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, Tenkasi, Tenkasi District.

2.The Inspector of Police, Chinnakovilankulam Police Station,Tirunelveli District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

Copy To:- The II Additional District and Sessions Judge (PCR), Tirunelveli, Tirunelveli District.

+1 CC to M/s.K.PRABHU, Advocate ( SR-621[F] dated 08/01/2021 ) Crl.O.P.(MD)No.111 of 2021 07.01.2021 (KUN)CO AP(21/01/2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2