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Madras High CourtCRL OP(MD)/2629/2021disposed of

Arumugam v. The Deputy Superintendent Of Police

2021-02-19Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.2629 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :19.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.2629 of 2021 Arumugam

...Petitioner/3rd Accused

Vs.

State rep., by 1.The Deputy Superintendent of Police, Vedasandur Division, Didigul District.

...1st Respondent/Investigating officer 2.The Inspector of Police, Vedasandur Police Station, Dindigul District. ...2nd Respondent/Complainant 3.Kaliswari ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the learned Additional District and Sessions Judge (Special Court for PCR Act Cases), Dindigul to consider the bail application of the petitioner on the same day of his surrender in Crime No.65 of 2021 on the file of the second respondent police.

For Petitioner : Mr.D.Venkatesh For Respondents 1 & 2 : Mr.R.Erottuchamay Government Advocate (Criminal side)

ORDER

The petitioner is accused No.3 in Crime No.65 of 2021 of Vedasandur Police Station, Dindigul District and the offences alleged against the accused are under Sections 294(b) and 506(i) IPC and Section 3 of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act 2003 read with Sections 3(1)(r) and 3(1)(s) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015.

2.The present petition filed by the petitioner is to direct the Sessions Judge (Special Court for PCR Act Cases), Dindigul to accept the surrender of the petitioner 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 third respondent is the de-facto complainant.

4.Since the prayer itself is to accept the surrender of the petitioner and consider the bail application on the same day of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2629 of 2021 surrender, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned Sessions Judge (Special Court for PCR Act Cases), Dindigul, 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 concerned Sessions Judge, may consider the bail application filed by the petitioner 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. The Sessions Judge (Special Court for PCR Act Cases), Dindigul. 2.The Deputy Superintendent of Police, Vedasandur Division, Didigul District.

3.The Inspector of Police, Vedasandur Police Station, Dindigul District.

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

Crl.O.P.(MD)No.2629 of 2021 19.02.2021 NA(CO) KB(26.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2