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Madras High CourtCRL OP(MD)/1057/2022disposed of

Sapapathi @ Sabapathi v. The Deputy Superintendent Of Police

2022-01-21Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.1057 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1057 of 2022 Sapapathi @ Sabapathi ... Petitioner/Accused No.16 Vs.

1.The Deputy Superintendent of Police, Samayanallur Circle, Madurai District.

2.The State rep. by The Inspector of Police, Sholavandan Police Station, Madurai District.

(Crime No.224 of 2016)

...Respondent/Complainant

3.Vignesh Kumar ...3rdRespondent/Defacto Complainant 4.Deivanai ...4th Respondent/Injured Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned III Additional District Judge (Special Court for PCR Act Cases, Madurai in Spl.S.C.No.37 of 2020 and file an application for the grant of bail on the same day and in the event of filing the same, the said application may be directed to be considered on the same day on merits and in accordance with law forthwith.

For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 & R2.

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2. Considering the nature of relief to be granted, notice to the private respondents is dispensed with. 2.The petitioner is figuring as accused No.16 in the case in question. The FIR was registered way back in the year 2016. The learned Government Advocate (Crl. Side) would point out that the petitioner was absconding all these years and that therefore, the relief ought not to be granted. The learned counsel for the petitioner points out that the petitioner is working as CISF https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.1057 of 2022 constable. The next hearing date is 02.02.2022. The petitioner undertakes to surrender before the Special Court on the said date. 3.Considering the fact that the petitioner is working as CISF constable, the criminal original petition is disposed of and the following directions are issued:- "(a) The petitioner shall surrender before the jurisdictional Court on 02.02.2022.

(b) The jurisdictional Court is directed to accept the said surrender and also dispose of the bail petition to be filed by the petitioner on the same day of surrender on merits and in accordance with law.

(c) The petitioner as well as the police authorities are directed to intimate the defacto complainant about the proposed surrender on 02.02.2022."

Sd/- Assistant Registrar (AE) // True Copy // 24 / 01 /2022 Sub Assistant Registrar(CS) ias 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 III Additional District Judge (Special Court for PCR Act Cases), Madurai.

2.The Deputy Superintendent of Police, Samayanallur Circle, Madurai District.

3.The Inspector of Police, Sholavandan Police Station, Madurai District.

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

Crl.O.P(MD)No.1057 of 2022 21.01.2022 GC(24.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2