Madras High CourtCRL OP(MD)/911/2022disposed of

Anilkumar @ Anie Kumar v. The Deputy Superintendent Of Police

2022-01-20Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Anilkumar @ Anie Kumar ... Petitioner/Accused No.1 Vs 1.The Deputy Superintendent of Police, Tirunelveli Rural, Tirunelveli District.

2.The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

(Crime No.426 of 2021)

...Respondents 1&2/complainants

3.Muniyammal ...3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the II Additional Session Judge cum Special Judge, PCR Court, Tirunelveli to pass order on the bail petition filed by the petitioner on the same day of surrender in Crime No.426 of 2019 on the file of the Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

For Petitioner : Mr.N.Mohideen Basha For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.side)

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate(crl.side) 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 first accused in Crime No.426 of 2021 registered on the file of the second respondent for the offences under Sections 294(b), 406, 420 of IPC r/w Sections 3 (1)(g), 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST Amendment Act, 2015. 1/3

4. After going through the contents of the FIR, I am of the 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 02.02.2022. 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 informed about the proposed surrender of the petitioner on 02.02.2022. 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 02.02.2022.

(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 (AS) // True Copy // / /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 II Additional Session Judge cum Special Judge, PCR Court, Tirunelveli.

2.The Deputy Superintendent of Police, Tirunelveli Rural, Tirunelveli District.

3.The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

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

Crl.O.P(MD)No.911 of 2022 20.01.2022 RK(21/01/2021) 3P 5C 3/3