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Madras High CourtCRL OP(MD)/3348/2021disposed of

Ruthran v. The Deputy Superintendent Of Police

2021-03-03Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R. HEMALATHA 1.Ruthran 2.Ajith Kumar @ Santhi Kumar 3.Arun @ Arun Prakash 4.Vivek @ Vivekananthan Pandi

...Petitioners

/Vs./ 1.State through The Deputy Superintendant of Police, O/o. The Deputy Superintendant of Police, Othakadai, Madurai District.

...1st Respondent/Respondent 2.The Inspector of Police, Othakadai Police Station, Madurai District.

...2nd Respondent/Complainant (Crime No.102 of 2021) 3.Pugalenthi ...3rd Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned III Additional District and Sessions Judge (PCR Court), Madurai, to consider the petitioners' bail application on the same day of their surrender in Crime No.102 of 2021 on the file of the second respondent police.

For Petitioners : Mr.R.Ganesh Prabu For Respondents 1 & 2 : Mr.A.Robinson Government Advocate (Criminal Side)

ORDER

The petitioners are the accused Nos.1 to 4 in Crime No.102 of 2021 of Othakadai Police Station, Madurai and the offences alleged against the accused are under Sections 147, 148, 341, 294(b), and 324 of the Indian Penal Code and Sections 3(1)(r), 3(1)(s) and 3 (2)(va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989.

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2. The present petition filed by the petitioners is to direct the learned III Additional District and Sessions Judge (PCR Court), Madurai, to accept the surrender of the petitioners and to also consider the bail applications on the same day.

3. Mr.A.Robinson, 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 to 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 III Additional District Judge (PCR Court), Madurai, 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 applications filed by the petitioners on merits, on the same day of their 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) sm 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 III Additional District Judge (PCR Court), Madurai. 2.The Deputy Superintendant of Police, O/o. The Deputy Superintendant of Police, Othakadai, Madurai District.

3.The Inspector of Police, Othakadai Police Station, Madurai District.

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

Crl.O.P.(MD)No.3348 of 2021 03.03.2021 KM (10.03.2021) 3P 5C 3/3