Madras High CourtCRL OP(MD)/2340/2022disposed of

Chinnadurai v. The Deputy Superintendent Of Police

2022-02-04Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.Chinnadurai 2.Karuppaiya ... Petitioners/Accused Nos.1 & 2 Vs.

1.The Deputy Superintendent of Police, Keeranur Sub Division, Pudukkottai.

2.State Rep. by The Inspector of Police, Mathur Police Station, Pudukkottai District.

(Crime No.14 of 2022) ... 1st & 2nd Respondent / Complainant 3.Boopathy ... 3rd Respondent / Defacto complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Principal Sessions Judge (Special Court for PCR Cases), Pudukkottai District to consider the bail application filed by the petitioners on the same day of surrender in Crime No.14 of 2022 on the file of the respondent Police. For Petitioners : Mr.P.Ganapathi Subramanian For Respondents : Mr.M.Sakthi Kumar Govt. Advocate (Crl. Side) for R1 & R2

O R D E R

Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2. Considering the nature of relief to be granted, notice to the third respondent/de-facto complainant is dispensed with.

2.The petitioners are figuring as accused in Crime No.14 of 2022 registered on the file of the second respondent. The petitioners undertake to surrender before the jurisdictional Court on 16.02.2022.

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3.It is stated that the first petitioner has already been arrested and remanded. It was he who had caused the head injury. There are no serious allegation against the second petitoner. Hence, this petition is dismissed as regards the first petitioner and ordered as regards the second petitioner. 4.Considering the overall facts and circumstances, this Criminal Original Petition is allowed as regards the second petitioner is concerned on the following directions:- "(a) The second petitioner shall surrender before the jurisdictional Court on 16.02.2022.

(b) The jurisdictional Court is directed to accept the said surrender and also dispose of the bail petition to be filed by the second petitioner on the same day of surrender on merits and in accordance with law. (c) The second petitioner as well as the police authorities are directed to intimate the defacto complainant about the proposed surrender on 16.02.2022." Sd/- Assistant Registrar(AS) // True Copy // 10/02/2022 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 Sessions Judge (Special Court for PCR Cases), Pudukkottai District.

2.The Deputy Superintendent of Police, Keeranur Sub Division, Pudukkottai.

3.The Inspector of Police, Mathur Police Station, Pudukkottai District.

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

04.02.2022 nsn(CO) TR(10.02.2022) 3P 5C 3/3