Madras High CourtCRL OP(MD)/1094/2021disposed of

Chellapandi v. The Deputy Superintendent Of Police

2021-01-27Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.1094 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.1094 of 2021 Chellapandi ... Petitioner/Sole Accused Vs.

1.The State Rep. by The Deputy Superintendant of Police, Andipatti, Theni District.

2.The State Rep. by The Inspector of Police, Andipatti Police Station, Theni District.

In Crime No.12 of 2021 ... Respondents 1 & 2/ Complainants 3.Pandiyan ...3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, to direct the Principal District and Sessions Judge (PCR Act Cases), Theni, to accept the surrender and consider the bail petition to be filed by the petitioner in Crime No.12 of 2021 on the file of the respondent police on the same day on merits. For Petitioner :

Mr.P.Senguttuarasan For Respondents 1 & 2 :

Mr.R.Erottuchamy Government Advocate (Criminal side)

ORDER

The petitioner is the sole accused in Crime No.12 of 2021 of Andipatti Police Station, Theni District. The said case was registered against the accused under Sections 341, 294(b), 323, 506

(2) of Indian Penal Code and Sections 3(1) (r), 3(1) (s), 3(2)(va) 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 Principal District and Sessions Judge (PCR Act Cases), Theni, to accept the surrender of the petitioner and to consider the bail application on the same day.

3.Mr.R.Erottuchamy, 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.1094 of 2021 4.Since the prayer itself is to accept the surrender of the petitioner and to consider the bail application by the learned Principal District and Sessions Judge (PCR Act Cases), Theni, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned Principal District and Sessions Judge (PCR Act Cases), Theni, 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 Principal District and Sessions Judge (PCR Act Cases), Theni, 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) sji 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 Principal District and Sessions Judge (PCR) Cases, Theni. 2.The Deputy Superintendant of Police, Andipatti, Theni District.

3.The Inspector of Police, Andipatti Police Station, Theni District.

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

Crl.O.P.(MD)No.1094 of 2021 27.01.2021 (NA)CO AP(08/02/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2