Madras High CourtCRL OP(MD)/767/2022disposed of

B.Immanuel v. The Deputy Superintendent Of Police

2022-01-12Honourable Mr Justice V.Sivagnanam2 pages

Crl.O.P.(MD)No.767 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.767 of 2022 B.Immanuel ... Petitioner/Accused No.3 Vs 1.The Deputy Superintendent of Police, Sathankulam, Thoothukudi District.

2.The Inspector of Police, Nazareth Police Station, Thoothukudi District.

... Respondents 1 & 2 / Complainants 3.S.Kannan ... 3rd Respondent / Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Additional District and Sessions Judge for the exclusive trial of PCR Act Cases, Thoothukudi to consider and dispose of the bail application of the petitioner in Crime No.186 of 2021 on the file of the second respondent on the same day of his surrender.

For Petitioner : Mr.PR.Boomee Rajan For R1 & R2 : Mr.M.Sakthikumar Government Advocate (crl.side)

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 third accused in Crime No.186 of 2021 registered on the file of the second respondent for the offences under Sections 294(b), 323 & 506(ii) 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.767 of 2022 jurisdictional Court on 25.01.2022. 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 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 petitioner shall surrender before the jurisdictional Court on 25.01.2022.

(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 // 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 Additional District and Sessions Judge for the exclusive trial of PCR Act Cases, Thoothukudi. 2.The Deputy Superintendent of Police, Sathankulam, Thoothukudi District.

3.The Inspector of Police, Nazareth Police Station, Thoothukudi District.

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

Crl.O.P(MD)No.767 of 2022 12.01.2022 DJ(CO)/SB(19.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2