L.R.Rajeshwara Pandian v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2021 CORAM :
THE HONOURABLE Mrs. JUSTICE R.THARANI L.R.Rajeswara Pandian ... Petitioner Vs.
State represented by its 1.The Deputy Superintendent of Police, Thiruverumbur, Trichy.
2.The Inspector of Police, Manikandam Police Station, Trichy City.
(Crime No.34 of 2021) 3.S.Palanichamy ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C to direct the I Additional District and Sessions Judge cum Special Judge, P.C.R. Court, Trichy to consider the bail application of the petitioner on the same day of his surrender before that Court in connection with Crime No.34 of 2021 on the file of the second respondent.
For Petitioner : Mr.N.Anandakumar For R1 & R2 : Mr.A.Robinson Government Advocate (Criminal side)
ORDER
The petitioner is the first accused in Crime No.34 of 2021 of Manikandam Police Station, Trichy District. The said case was registered against the accused under Sections 294(b), 323 and 506 (ii) of IPC r/w 3(1)(r), (s), 3(2)(va) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 2.The present petition filed by the petitioner is to direct the I Additional District and Sessions Judge cum Special Judge, P.C.R. Court, Trichy, to accept the surrender of the petitioner and also to consider the bail application on the same day. 1/3
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.The learned Government Advocate (Criminal side) for the respondents 1 and 2 stated that one person got injured and the injured was discharged on 19.12.2020. The major offence is under Section 506(ii) of IPC.
5.Since the prayer itself is to accept the surrender of the petitioner and consider the bail application by the I Additional District and Sessions Judge cum Special Judge, P.C.R. Court, Trichy, this Court is inclined to pass the following orders :- (i) After giving notice to the concerned Public Prosecutor and the defacto complainant, the petitioner should appear before the I Additional District and Sessions Judge cum Special Judge, P.C.R. Court, Trichy, 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 petitioner on merits, preferably on the same date.
6.With the above observation, this Criminal Original Petition is allowed.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 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 I Additional District and Sessions Judge cum Special Judge, P.C.R. Court, Trichy.
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2.The Deputy Superintendent of Police, Thiruverumbur, Trichy.
3.The Inspector of Police, Manikandam Police Station, Trichy City.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
24.02.2021 VB (02.03.2021) 3P 5C 3/3