Madras High CourtCRL OP(MD)/657/2022disposed of

Kasi @ Kasirajan v. The Deputy Superintendent Of Police

2022-01-12Honourable Mr Justice G.K. Ilanthiraiyan3 pages

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.657 of 2022 Kasi @ Kasirajan ... Petitioner/Accused Rank Not Known Vs 1.The Deputy Superintendent of Police, Puliyankudi, Tenkasi District.

2.The Inspector of Police, Sivagiri Police Station, Sivagiri, Tenkasi District.

... 1st and 2nd Respondents/ Complainants 3.Kakkerajan ... 3rd Respondent / Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the 2nd Additional District and Sessions Court (Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989), Tirunelveli to accept the surrender of the petitioner / accused and to consider the bail application filed by the petitioner / accused and to grant bail to the petitioner on the date of the surrender itself in Crime No.555 of 2021 on the file of the second respondent police. For Petitioner : Mr.P.Pethu Rajesh 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 accused in Crime No.555 of 2021 registered on the file of the second respondent for the offences under Sections 147, 294(b), 341, 324 & 427 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 1/3

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 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 2nd Additional District and Sessions Court (Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989), Tirunelveli. 2.The Deputy Superintendent of Police, Puliyankudi, Tenkasi District.

3.The Inspector of Police, Sivagiri Police Station, Sivagiri, Tenkasi District.

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

+1 CC to M/s.P.PETHU RAJESH, Advocate (SR-1397[F] dated 12/01/2022) Crl.O.P(MD)No.657 of 2022 12.01.2022 DJ(CO) SB(19.01.2022) 3P 6C 3/3