Madras High CourtCRL OP(MD)/2345/2021disposed of

Saravanan @ Saravana Kumar v. The Deputy Superintendent Of Police

2021-02-16Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA 1.Saravanan @ Saravanakumar 2.Ramasamy 3.Saravanan 4.Patchaimal 5.Velu @ Velu Thevar

...Petitioners/Accused 3 to 5, 8 & 9

Vs.

1.The State rep., by its, The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District. ...1st Respondent/Investigation Officer 2.The Inspector of Police, Parthibanoor Police Station, Ramanathapuram District.

(Crime No.259 of 2012) 3.Veerasamy 4.Murugan 5.Subramni 6.Vengaisamy ... Respondents 2 to 6/Victims Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Principal District and Sessions Judge (PCR Act Cases), Ramanathapuram to consider the bail application of the petitioners on the same day of their surrender in Crime No.259 of 2012 on the file of the second respondent police.

For Petitioners : Mr.M.Karunanithi For Respondents 1 & 2 : Mr.R.Erottuchamay Government Advocate (Criminal side)

ORDER

The petitioners are the accused 3,4,5,8 and 9 in Crime No.259 of 2012 of Parthibanoor Police Station, Ramanathapuram District and 1/3

the offences alleged against the accused are under Sections 147 and 148 of the Indian Penal Code read with Section 3(1)(x) 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 and Sessions Judge (PCR Act Cases), Ramanathapuram, to accept the surrender of the petitioners and also 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 respondents 3 to 6 are the victim.

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 learned Principal District and Sessions Judge, Ramanathapuram, 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) 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.

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To 1.The Principal District and Sessions Judge (PCR Act Cases), Ramanathapuram.

2.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

3.The Inspector of Police, Parthibanoor Police Station, Ramanathapuram District.

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

+1 CC to Mr.M.S.JEYAKARTHIK, Advocate ( SR-5595[F] dated 17/02/2021 ) 16.02.2021 VB (03.03.2021) 3P 6C 3/3