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Madras High CourtCRL OP(MD)/3369/2021disposed of

Sellapandiyan @ Sellvapandiyan v. The Deputy Superintendent Of Police

2021-03-04Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA 1.Sellapandiyan @ Sellvapandiyan 2.Alex @ Alexpandiyan 3.Nagarajan 4.Thulasi @ Thulasi Dhatchinamoorthy ... Petitioners Vs.

1.The Deputy Superintendent of Police, Valangaiman Police Station Division, Thiruvarur District.

2.The Inspector of Police, Valangaiman Police Station, Thiruvarur District.

In Crime No.196 of 2021.

3.Prabhakaran 4.Varatharajan 5.Srathkumar 6.Bala 7.Jayakumar 8.Ramesh ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the I Additional District and Sessions Judge (PCR) Court, Thanjavur to consider the bail application of the petitioner on the same day of their surrender in Crime No.196 of 2021 on the file of the second respondent police. For Petitioner : Mr.A.Arunprasad For Respondents 1 & 2 : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

The petitioners are the accused Nos.1 and 6 to 8 in Crime No.196 of 2021 of Valangaiman Police Station, Madurai and the offences alleged against the accused are under Sections 147, 148, 294(b), 448, 324 and 506(ii) of the Indian Penal Code and Sections 3 (1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015.

2. The present petition filed by the petitioners is to direct the learned I Additional District Judge (PCR Act Cases), Thanjavur, 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) 1/3

accepts notice for the respondents 1 and 2. The third respondent is the de-facto complainant. The respondents 4 to 8 are the victim.

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 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 concerned I Additional District 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 III) // 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, Valangaiman Police Station Division, Thiruvarur District.

3.The Inspector of Police, Valangaiman Police Station, Thiruvarur District.

2/3

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

04.03.2021 AC(CO) KK(10.03.2021) 3P 5C 3/3