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Madras High CourtCRL OP(MD)/2839/2021allowed

Karthikeyan v. The Deputy Superintendent Of Police

2021-02-24Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R.THARANI 1.Karthikeyan 2.Karthika 3.Mani @ Arul Mani 4.Dinesh 5.Sundari @ Naga Sundari ... Petitioners Vs.

1.The Deputy Superintendent of Police, Oddanchatram, Dindigul District.

2.The Inspector of Police, Oddanchatram Police Station, Dindigul District.

(in Crime No.103 of 2021) 3.Latha @ Karuppathal ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C to direct the Additional District and Sessions Judge, (Special Court for PCR Cases), Dindigul, Dindigul District to consider the bail application of the petitioners on the same day of his surrender in Crime No.103 of 2021, dated 16.02.2021 on the file of the second respondent police.

For Petitioners : Mr.B.Santhanam Rajesh Kumar For R1 & R2 : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

The petitioners are the accused 1 to 5 in Crime No.103 of 2021 of Oddanchatram Police Station, Dindigul District. The said case was registered against the accused under Sections 147, 323, 354 and 506(1) of IPC r/w 3(1)(r), 3(1)(s) and 3(2)(va) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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2.The present petition filed by the petitioners is to direct the Additional District and Sessions Judge, (Special Court for PCR Cases), Dindigul, Dindigul District, to accept the surrender of the petitioners and also to consider the bail application on the same day.

3.Mr.A.Robinson, learned Government Advocate (Criminal Side), takes 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 by the Additional District and Sessions Judge, (Special Court for PCR Cases), Dindigul, Dindigul District, this Court is inclined to pass the following orders :- (i) After giving notice to the concerned Public Prosecutor and the defacto complainant, the petitioners should appear before the Additional District and Sessions Judge, (Special Court for PCR Cases), Dindigul, Dindigul District, within a period of 15 days from the date of receipt of a copy of this order / uploading of the order.

(ii) On such surrender, concerned Sessions Judge, may consider the bail application filed by the petitioners on merits, preferably on the same date.

5.With the above observation, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) sji 2/3

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 Additional District and Sessions Judge, (Special Court for PCR Cases), Dindigul, Dindigul District.

2.The Deputy Superintendent of Police, Oddanchatram, Dindigul District.

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

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

24.02.2021 KM (02.03.2021) 3P 5C 3/3