Madras High CourtCRL OP(MD)/3554/2021disposed of

Thirusangu v. The Deputy Superintendent Of Police

2021-03-08Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA 1.Thirusangu 2.Marimuthu 3.Kalyanasundaram 4.Thangam

...Petitioners/Accused No.1to4

Vs.

1.The Deputy Superintendent of Police, Pattukottai, Thanjavur District.

2.The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

Crime No.80 of 2021. ...Respondents 1&2/Complainant 3.Parimala ...3rd Respondent/ Defacto complainant 4.Pappukannu 5.Balamurugan ...4th &5th Respondents/Victims Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the I Additional Sessions Judge (Special Court for PCR Act Cases), Thanjavur, to consider the bail application of the petitioners on the same day of their surrender in Crime No.80 of 2021 on the file of the second respondent police.

For Petitioners : Mr.G.D.Manikandan For Respondents 1 & 2 : Mr.R.Erottuchamy Government Advocate (Criminal side)

ORDER

The petitioners are the accused 1 to 4 in Crime No.80 of 2021 of Vattathikottai Police Station, Thanjavur District and the offences alleged against the accused are under Sections 294(b), 324, 354 and 506 (ii) of the Indian Penal Code and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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2.The present petition filed by the petitioners is to direct the learned I Additional Sessions Judge (Special Court for PCR Act Cases), Thanjavur, to accept the surrender of the petitioners 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. The respondents 4 and 5 are the victims.

4.Since the prayer itself is to accept the surrender of the petitioners and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned I Additional Sessions Judge (Special Court for PCR 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, concerned Sessions Judge, may consider the bail application filed by the petitioners 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 (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) RM 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 Sessions Judge (Special Court for PCR Cases), Thanjavur.

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2.The Deputy Superintendent of Police, Pattukottai, Thanjavur District.

3.The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

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

Order made in 08.03.2021 NA(CO) SRS (16/03/2021) 3P : 5C 3/3