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Madras High CourtCRL OP(MD)/464/2021disposed of

Chinnavandimalaiyan v. The Deputy Superintendent Of Police

2021-01-18Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.01.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Chinnavandimalaiyan ... Petitioner Vs.

1. The Deputy Superintendent of Police, Srivaigundam, Tuticorin District.

2. The Inspector of Police, Seidunganallur Police Station, Tuticorin District.

(Crime No.2 of 2021)

3. Sudalaimani

4. Petchimuthu @ Magesh ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Special Court, PCR Act Cases, Tuticorin, to accept and consider the bail application on the same day of the surrender of the petitioner in Crime No.2 of 2021 on the file of the second respondent.

For Petitioner : Mr.C.Susikumar For Respondents 1 & 2 : Mr.A.Robinson Government Advocate (Crl. Side)

ORDER

The petitioner is the A-2 in Crime No.2 of 2021 of Seidunganallur Police Station, Tuticorin District. The said case was registered against the accused and another person under Sections 294(b), 323, 506(i) 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.

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2.The present petition filed by the petitioner is to direct the learned Special Judge, Special Court for PCR Act Cases, Tuticorin, to accept the surrender of the petitioner 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 complainant and the fourth respondent is the victim. 4.Since the prayer itself is to accept the surrender of the petitioner and to consider the bail application by the learned Special Judge, Special Court for PCR Act Cases, Tuticorin, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned Special Judge, Special Court for PCR Act Cases, Tuticorin, 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 Special Judge, Special Court for PCR Act Cases, Tuticorin, may consider the bail application filed by the petitioner 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 (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) rm Note :

In view of the present lock down owing to COVID19 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 Special Judge, Special Court for PCR Act Cases, Tuticorin.

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2. The Deputy Superintendent of Police, Srivaigundam, Tuticorin District.

3. The Inspector of Police, Seidunganallur Police Station, Tuticorin District.

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

18.01.2021 SV2(CO) CS(25.01.2021) 3P 5C 3/3