Madras High CourtCRL OP(MD)/2059/2021disposed of

Pradheep v. The Deputy Superintendent Of Police

2021-02-15Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA 1.Pradheep 2.Mariswaran ... Petitioners/Accused 1 & 3 Vs.

1.State rep. By The Deputy Superintendent of Police, Kottaipattinam, Pudukottai District.

2.The Inspector of Police, Mimisal Police Station, Pudukottai District.

...Respondents/Complainant

3.Mathan ...3rd Respondent/Defacto Complainant/Victim Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District Judge, Special Court, Pudukottai (PCR Act Cases), to consider the bail application of the petitioners on the same day of their surrender in Crime No.80 of 2021 on the file of the second respondent police.

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

ORDER

The petitioners are the accused 1 and 3 in Crime No.80 of 2021 of Mimisal Police Station, Pudukottai District and the offences alleged against the accused are under Sections 294(b), 342, 365, 323, and 506 (ii) of the Indian Penal Code and Sections 3(1)(a), 3(i)(r), 3(1)(s) 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 learned Principal District Judge, Special Court, 1/3

Pudukottai (PCR Act Cases), to accept the surrender of the petitioners and also 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 respondent is the de-facto complainant / victim. 4.Since the prayer itself is to accept the surrender of the petitioners and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned Principal District Judge, Special Court (PCR Act Cases), Pudukottai, 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, concerned Sessions 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 (CS-II) // 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.

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To 1.The Principal District Judge, Special Court, (PCR Act Cases), Pudukottai.

2.The Deputy Superintendent of Police, Kottaipattinam, Pudukottai District.

3.The Inspector of Police, Mimisal Police Station, Pudukottai District.

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

+1 CC to Mr.K.SATHISH KUMAR, Advocate ( SR-5454[F] dated 16/02/2021 ) 15.02.2021 KM (03.03.2021) 3P 6C 3/3