Madras High CourtCRL OP(MD)/727/2021disposed of

Muthukumar v. The Deputy Superintendent Of Police

2021-01-21Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R. HEMALATHA 1.Muthukumar 2.Arunkumar ... Petitioners/Accused 2 & 4 Vs.

1.The Deputy Superintendent of Police, Srivilliputhur Police Station (Circle), Virudhunagar District.

2.The Inspector of Police, Malli Police Station, Virudhunagar District.

In Crime No.250 of 2020 ... Respondents/Complainants 3.Muniyasamy 4.Rajesh 5.Petchiammal 6.Palraj 7.Palselvi ...3rd to 7th Respondents/Defacto Complainants/Victims Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the Special Court for PCR Act cases, Virudhunagar District at Srivilliputhur to accept the surrender of the petitioners and consider the bail application on merits on the same day in connection with Crime No.250 of 2020 on the file of the second respondent police station. For Petitioners :

Mr.M.Jegadeesh Pandian For Respondents 1 & 2 :

Mr.A.Robinson Government Advocate (Criminal side)

ORDER

The petitioners are the accused Nos.2 and 4 in Crime No.250 of 2020 of Malli Police Station, Virudhunagar District. The said case was registered against the accused under Sections 294(b), 323, 324 and 506(i) of Indian Penal Code r/w Sections 3(1)(r), 3(1)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 1989.

2.The present petition filed by the petitioners is to direct the learned Special Judge for PCR Act cases, Virudhunagar 1/3

District, to accept the surrender of the petitioners and also to consider the bail application on the same day. 3.Mr.A.Robinson, learned Government Advocate (Criminal side) accepts notice for the respondents 1 and 2. The fourth respondent is the de-facto complainant.

4.Since the prayer itself is to accept the surrender of the petitioner and consider the bail application by the learned Special Judge, Virudhunagar, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned Special Judge for PCR Act cases, Virudhunagar District, 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, concerned Special Judge, 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 (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) rmk 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 Special Judge for PCR Act cases, Virudhunagar District. 2.The Deputy Superintendent of Police, Srivilliputhur Police Station (Circle), Virudhunagar District.

3.The Inspector of Police, Malli Police Station,Virudhunagar District.

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

21.01.2021 (MJ)CO AP(08/02/2021) 3P 5C 3/3