Madras High CourtCRL OP(MD)/18458/2015disposed of

Rajkumar v. The Deputy Superilntendent Of

2015-09-25Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2015

CORAM

THE HONOURABLE MRS.JUSTICE S.VIMALA Crl.O.P.(MD)No.18458 of 2015

1. Rajkumar @ Lathe Raja

2. Mathiazhagan @ M.L.R.Mathi

3. Muthuraj

4. Appasamy Konar

5. Chinnathurai @ Jeyachandran

6. Saminathan @ Samu

7. Jeevanantham

8. Illaiyaraja

9. Palanivel 10.Saravanan 11.Senthil 12.Balamurugan @ Balu 13.Velu @ Jeyavelmurugan ..Petitioners/Accused Nos.1,2,4,5,6,8 to 13 and 15 Vs.

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

2.The Inspector of Police, Pattukkottai Town Police Station, Thanjavur District.

(In Crime No.609 of 2015) .. Respondents/Complainants Prayer:

Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge, PCR Court, Thanjavur, to consider the bail application on the surrender of the petitioners in connection with Crime No.609 of 2015 on the file of the second respondent police,on merits, on the same day.

For Petitioner : Mr.K.Baalasundharam For Respondents : Mr.P.Kandasamy Government Advocate (Crl. side)

O R D E R

This petition has been filed to direct the learned Principal District and Sessions Judge, PCR Court, Thanjavur, to accept the surrender of the petitioner's and to consider the petitioners bail application and grant bail on the date of surrender itself in crime No.609 of 2015 on the file of the second respondent. https://hcservices.ecourts.gov.in/hcservices/

2.The petitioners are alleged to have committed offences under Sections 147, 294(b) and 506(ii) of I.P.C. r/w Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is stated by the petitioners that they are innocent. According to the averments made in the complaint, the defacto complainant is employed as a care taker of the coconut farm and aggrieved over that these accused persons are stated to have used abusive language against him and attempted to cause injury to the defacto complainant.

3.The learned counsel for the petitioners would submit that the petitioners are prepared to surrender before the lower Court to co-operate with the prosecution and their petition for bail may be ordered to be considered on the same day. 4.The learned Government Advocate (Crl.Side) submitted that nobody is stated to have been injured and no weapon is stated to have been used .

5.Considering the submission of the learned counsel for the petitioners and also the facts and circumstances of the case, the following direction is issued:

In the event of the petitioners surrendering before the learned Principal District and Sessions Judge, PCR Court, Thanjavur, and their filing of petition seeking bail, the learned Principal District and Sessions Judge, PCR Court, Thanjavur, shall dispose of the said petition for bail on the same day strictly on merits and in accordance with law.

6.The Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar pjl/gsr To 1.The Principal District and Sessions Judge, PCR Court, Thanjavur, 2.The Deputy Superintendent of Police, Pattukkottai,Thanjavur District.

3.The Inspector of Police, Pattukkottai Town Police Station,Thanjavur District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

+1cc to Mr.K.BAALASUNDHARAM,ADVOCATE SR NO.56512 Crl.O.P.(MD)No.18458 of 2015 25.09.2015 rg.28.09.2015/SK/SKN/SAR-I 2P/6C https://hcservices.ecourts.gov.in/hcservices/