Senthilkumar v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :19.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA 1.Senthilkumar 2.Ayyasamy 3.Gurumoorthy ... Petitioners/Accused Vs.

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

2.The Inspector of Police, Ammapet, Sermanallur, Thanjavur District.

... Respondents/Complainants 3.Regunathan ... Respondent/Defacto complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Special Judge (PCR Act Cases), District and Sessions Judge, Thanjavur to consider the bail application of the petitioners on the same day of their surrender in Crime No.117 of 2021 on the file of the second respondent police.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents 1 & 2 : Mr.R.Erottuchamay Government Advocate (Criminal side)

ORDER

The petitioners are accused in Crime No.117 of 2021 of Ammapet Police Station, Thanjavur District and the offences alleged against the accused are under Sections 294(b), 352 and 506(i) IPC read with Sections 3(1)(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 I Additional District Judge (PCR Act Cases), Thanjavur, to accept the surrender of the petitioners and also to consider the bail application on the same day.

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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 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 I Additional District 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, the learned I Additional District Judge (PCR Act Cases), Thanjavur, 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(CO) // 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.

To

1. I Additional District Judge (PCR Act Cases), Thanjavur. 2.The Deputy Superintendent of Police, Papanasam, Thanjavur District.

3.The Inspector of Police, Ammapet, Sermanallur, Thanjavur District.

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

19.02.2021 mj(CO) TR(26.02.2021) 3P 5C 3/3