Madras High CourtCRL OP(MD)/1191/2021disposed of

Jothi v. The Deputy Superintendent Of Police

2021-01-29Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Jothi ... Petitioner/1st Accused Vs.

1.The Deputy Superintendant of Police, Thiruvidaimarudhur, 2.The Inspector of Police, Thiruneelagudi Police Station, (Crime No.36 of 2021) ... Respondents 1 & 2/Complainants 3.Arunpandian ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, to direct the I Additional District and Sessions Judge, (PCR Act Cases), Thanjavur, to consider the bail application on the same day of the surrender of the petitioner in Crime No.36 of 2021 on the file of the respondent police.

For Petitioner : Mr.B.Senthilkumar For Respondents 1 & 2 : Mr.R.Erottuchamy Government Advocate (Criminal side)

ORDER

The petitioner is the first accused in Crime No.36 of 2021 of Thiruneelagudi Police Station, Thanjavur District. The said case was registered against the accused under Sections 147, 294(b), 324 and 506(ii) of India 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 I Additional District and Sessions Judge, (PCR 1/3

Act Cases), Thanjavur, 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.

4.Since the prayer itself is to accept the surrender of the petitioner and to consider the bail application by the learned I Additional District and Sessions Judge, (PCR Act Cases), Thanjavur, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned I Additional District and Sessions Judge, (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, learned I Additional District and Sessions Judge, (PCR Act Cases), Thanjavur, 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) // 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 I Additional District and Sessions Judge, (PCR Cases), Thanjavur.

2.The Deputy Superintendant of Police, Thiruvidaimarudhur, 2/3

3.The Inspector of Police, Thiruneelagudi Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.B.SENTHIL KUMAR, Advocate ( SR-2497[F] dated 29/01/2021 ) 29.01.2021 mj(CO) TR(05.02.2021) 3P 6C 3/3