Madras High CourtCRL OP(MD)/424/2021disposed of

Prakash @ Prakashraj v. The Superintendent Of Police

2021-01-18Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.424 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.01.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.424 of 2021 1.Prakash @ Prakashraj 2.Gowtham

...Petitioners/Accused Nos.6&7

Vs.

1.The Superintendant of Police, Thanjavur, Thanjavur District.

2.The State rep. by The Inspector of Police, Madhukkur Police Station, Thanjavur District.

(Crime No.1of 2021) ...Respondents/Complainants 3.M.Mahendran ...3rd Respondent/Defacto Complainant 4.Selvarani 5.Rajeshwari 6.Manoj 7.Vetrivel

...Respondents/Respondents

Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned I Additional District and Sessions Judge (PCR), Thanjavur, to accept and consider the bail application on the same day of the surrender of the petitioners in Crime No.1 of 2021 on the file of the second respondent.

For Petitioners : Mrs.D.Saranya For Respondents 1 & 2: Mr.A.Robinson Government Advocate (Crl. side)

ORDER

The petitioners are the Accused 6 and 7 in Crime No.1 of 2021 of Madhukkur Police Station, Thanjavur District. The said case was registered against the accused and other persons under Sections 147, 148, 324, 352 of IPC and Section 3(1) (r), 3(1) (s), 3(2) (va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015.

2.The present petition filed by the petitioners is to direct the learned I Additional District and Sessions Judge (PCR), Thanjavur, to accept the surrender of the petitioners and to consider the bail application on the same day. 3.Mr.A.Robinson, learned Government Advocate takes notice for the respondents 1 and 2. The third respondent is the de-facto https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.424 of 2021 complainant and the respondents 4 to 7 are the victims. 4.Since the prayer itself is to accept the surrender of the petitioners and to consider the bail application by the learned I Additional District and Sessions Judge (PCR), Thanjavur, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned I Additional District and Sessions Judge (PCR), Thanjavur, 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, learned I Additional District and Sessions Judge (PCR), Thanjavur, 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 (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) rm 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 I Additional District and Sessions Judge (PCR), Thanjavur. 2.The Superintendant of Police, Thanjavur,Thanjavur District.

3.The Inspector of Police, Madhukkur Police Station,Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.424 of 2021 18.01.2021 SV(CO) KB(25.01.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2