Madras High CourtCRL OP(MD)/833/2021disposed of

Arun v. The Deputy Superintendent Of Police

2021-01-22Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.833 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.833 of 2021 Arun ... Petitioner/Solo accused Vs.

1.The Deputy Superintendant of Police, Usilampatti Sub Division, Madurai District. ...1st Respondent/Investigation Officer 2.The Inspector of Police, Usilampatti town Police Station, Madurai District.

(Crime No.17 of 2021) ...2nd Respondent/Complainant 3.Thayalan ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned III Additional District Judge (PCR), Madurai, to accept and consider the bail application on the same day of the surrender of the petitioner in Crime No.17 of 2021 dated 15.01.2021 on the file of the second respondent.

For Petitioner : Mr.K.R.Selvakumar For Respondents 1 & 2 : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

The petitioner is the sole accused in Crime No.17 of 2021 of Usilampatti Police Station, Madurai District. The said case was registered against the accused under Sections 294(b), 323 of India Penal Code and Section 3(1) (r), 3(1) (s) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015. 2.The present petition filed by the petitioner is to direct the learned III Additional District Judge, Special Court for PCR Act Cases, Madurai, to accept the surrender of the petitioner and 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.833 of 2021 respondent is the de-facto complainant.

4.Since the prayer itself is to accept the surrender of the petitioner and to consider the bail application by the learned III Additional District Judge, Special Court for PCR Act Cases, Madurai, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned III Additional District Judge, Special Court for PCR Act Cases, Madurai, 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, learned III Additional District Judge, Special Court for PCR Act Cases, Madurai, 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 (RTI Act) // True Copy // / /2021 Sub Assistant Registrar(CS) rm 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.III Additional District Judge, Special Court for PCR Act Cases, Madurai 2The Deputy Superintendant of Police, Usilampatti Sub Division, Madurai District.

3.The Inspector of Police, Usilampatti Town Police Station, Madurai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.K.R.SELVAKUMAR, Advocate ( SR-2260[F] dated 27/01/2021 ) Crl.O.P.(MD)No.833 of 2021 22.01.2021 KM(CO) KB(03.02.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2