Madras High CourtCRL OP(MD)/698/2021disposed of

Vetrivel Pandiyan v. The Deputy Superintendent Of Police

2021-07-27Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.698 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R. HEMALATHA Crl.O.P.(MD)No.698 of 2021 Vetrivel Pandiyan ... Petitioner/Accused No.4 Vs.

1.State rep., through The Deputy Superintendent of Police, Nilakottai Sub Division, Nilakottai, Dindigul District.

2.The Inspector of Police, Ammayanaickanur Police Station, Dindigul District.

(Crime No.831 of 2020) ... Respondents No.1&2/Complainant 3.Vijayasuresh ...3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of Code of Criminal Procedure to direct the learned Additional Sessions Special Court (PCR Court), Dindigul District to accept the surrender of the petitioner and consider the bail application on merits on the same day in connection with Crime No.831 of 2020 on the file of the second respondent police station.

For Petitioner : Mr.Henri Tiphagne For Respondents 1 & 2 : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

The petitioner is the fourth accused in Crime No.831 of 2020 of Ammayanaickanur Police Station, Dindigul District. The said case was registered against the accused under Sections 294(b), 341, 323 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 petitioner is to direct the learned Additional Sessions Special Judge (PCR Court), Dindigul District, to accept the surrender of the petitioner 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 third respondent is the de-facto complainant.

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Crl.O.P.(MD)No.698 of 2021 4.Since the prayer itself is to accept the surrender of the petitioner and consider the bail application by the learned Sessions Judge, Dindigul, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned Additional Sessions Special Judge (PCR Court), Dindigul 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 Sessions Judge, 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 (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 Additional Sessions Special Judge (PCR Court), Dindigul District 2.The Deputy Superintendent of Police, Nilakottai Sub Division, Nilakottai,Dindigul District. 3.The Inspector of Police, Ammayanaickanur Police Station,Dindigul District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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