Madras High CourtCRL OP(MD)/382/2022disposed of

Devendran v. The Deputy Superintendent Of Police

2022-01-12Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.382 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.382 of 2022 1.Devendran 2.Mathiyalagan ... Petitioners/ Accused Nos.1 & 3 Vs 1.The Deputy Superintendent of Police, Papanasam Division, Thanjavur District.

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

(Crime No.740/2021) ... Respondents 1 & 2 / complainant 3.S.Prabhu ... 3rd Respondent/ Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned Special Court under PCR Act conferred on the learned 1st Additional District Court (PCR) at Thanjavur to liberally consider the bail applications filed by these petitioners on the same day concerned in Crime No.740 of 202 on the file of the second respondent.

For Petitioners : Mr.R.Narayanan For R1 & R2 : Mr.M.Sakthikumar Government Advocate(crl.side)

ORDER

Heard the learned counsel for the petitioners and the learned Government Advocate (crl.side)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 petitioners are figuring as accused Nos.1 & 3 in Crime No.740 of 2021 registered on the file of the second respondent for the offences under Sections 294(b), 324, 506(2) & 109 of IPC r/w Sections 3(1)(r), 3(1)(s) & 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.382 of 2022 Cr.P.C., The petitioners undertake to surrender before the jurisdictional Court on 25.01.2022. The petitioners' surrender shall be accepted by the jurisdictional Court and their petition for bail shall be disposed of on the same day. The petitioners' counsel gives an undertaking that the defacto complainant will be notified about the proposed surrender of the petitioners on 25.01.2022. 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 petitioners shall surrender before the jurisdictional Court on 25.01.2022.

(2) the jurisdictional Court shall accept the surrender and dispose of the petitioners' bail petition on the same day of surrender on merits and in accordance with law. Sd/- Assistant Registrar (CS-II) // True Copy // 19/01/2022 Sub Assistant Registrar(CS) 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 Court (PCR) at Thanjavur. 2.The Deputy Superintendent of Police, Papanasam Division, Thanjavur District.

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

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

+1 CC to M/s.R.NARAYANAN, Advocate ( SR-1797[F] dated 19/01/2022 ) Crl.O.P(MD)No.382 of 2022 12.01.2022 kmv(CO) GC(19.01.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2