Madras High CourtCRL OP(MD)/1207/2021disposed of

Sundar v. The Deputy Superintendent Of Police

2021-02-01Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.1207 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :01.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.1207 of 2021 1.Sundar 2.Siva @ Sivakumar 3.Ramesh 4.Suresh 5.Ramaraj ... Petitioners/Accused 1,4,6,7 and 8 Vs.

1.The Deputy Superintendent of Police, Thiruvaiyaru, Thanjavur District.

2.State rep., by its The Inspector of Police, Bhoodhalur Police Station, Thanjavur District.

(Crime No.40 of 2021) ... Respondents/Complainant 3.Mayilraj ... Respondent/Defacto Complainant 4.Saranya 5.Bala Subramaniyan ... Respondent/Victim Prayer : Criminal Original Petition filed under Section 482 of Code of Criminal Procedure to direct the I Additional District and Sessions Judge cum Special Judge (PCR Act Cases), Thanjavur to consider the bail application of the petitioners on the same day of their surrender in Crime No.40 of 2021 on the file of the second respondent police.

For Petitioner : Mr.T.A.Punithan For Respondents : Mr.R.Erottuchamay Government Advocate (Criminal side)

ORDER

The petitioners are the Accused Nos.1,4,6,7 and 8 in Crime No.40 of 2021 of Bhoodhalur Police Station, Thanjavur District. The said case was registered against the accused under Sections 147, 148, 323, 324 and 506(ii) of Indian Penal Code and Sections 3(1)(r), 3(1)(s), 3(1)(m) and 3(2)(va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015. 2.The present petition filed by the petitioners is to direct the I Additional District and Sessions Judge cum Special Judge (PCR Act Cases), Thanjavur, to accept the surrender of the petitioners and to consider the bail application on the same day. 3.Mr.R.Erottuchamy, learned Government Advocate (Criminal https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.1207 of 2021 side), accepts notice for the respondents.

4.Since the prayer itself is to accept the surrender of the petitioners and consider the bail application on the same day of surrender, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the I Additional District (PCR Act Cases), Thanjavur, 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, the concerned Judge, may consider the bail application filed by the petitioners on merits, on the same day of surrender, after giving notice to the concerned Public Prosecutor.

5.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (crl.side) // True Copy // / /2021 Sub Assistant Registrar(CS) rmk 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.I Additional District and Sessions Judge, Cum Special Judge PCR Court,Thanjavur.

2.The Deputy Superintendent of Police, Thiruvaiyaru, Thanjavur District.

3.The Inspector of Police, Bhoodhalur Police Station,Thanjavur District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.1207 of 2021 01.02.2021 NA(CO) KB(18.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2