Madras High CourtCRL OP(MD)/214/2022disposed of

Muthamil Selvan v. The Deputy Superintendent Of Police

2022-01-06Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.214 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.214 of 2022 Muthamil Selvan ... Petitioner/ Accused No.1 Vs 1.The State rep. by The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Vallam Sub Division, Thanjavur District.

2.The Inspector of Police, Vallam Police Station, Thanjavur District, (Crime No.4 of 2022) ...1st & 2nd Respondent/Complainant 3.Murugaiyan ... 3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to accept the surrender of the petitioner before the Special Court for SC/ST (Prevention of Atrocities) Act ie., 1st Additional District and Sessions Judge at Thanjavur, in connection with Crime No.4 of 2022 on the file of the second respondent police and to consider the bail application filed by the petitioner on the same day. For Petitioner : Mr.K.M.Karunakaran 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 first accused in Crime No.4 of 2022 registered on the file of the second respondent for the offences under Sections 294(b), 352 & 506(i) of IPC r/w Sections 3 (1)(r), 3(1)(s) & 3(2)(va) of SC/ST Amendment Act, 2015.

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

Crl.O.P(MD)No.214 of 2022 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.

5. 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 1st Additional District and Sessions Judge at Thanjavur. 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Vallam Sub Division, Thanjavur District.

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

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

Crl.O.P(MD)No.214 of 2022 06.01.2022 RD(7.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2