Madras High CourtCRL OP(MD)/4154/2021disposed of

Samuel Pilot v. The Deputy Superintendent Of Police

2021-04-17Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Samuvel Pilot ... Petitioner/Accused No.4 Vs.

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

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

In (Crime No.196 of 2021) ... Respondents/Complainant

3. Prabhakaran ... Respondent/Defacto Complainant/Victim

4. Varatharajan

5. Sarathkumar

6. Bala

7. Jayakumar

8. Ramesh ... Respondents/Victim Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 1st Additional District and Sessions Judge (PCR) Court, Thanjavur to consider the bail application to be filed by the petitioner on same day on his surrender in connection with crime No.196 of 2021 on the file the 2nd respondent.

For Petitioner : Mr.A.Arunprasad For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The petitioner is the 4th accused in Crime No.196 of 2021 of Valangaiman Police Station, Thiruvarur District and the offences alleged against the accused are under Sections 147, 148, 294(b), 448, 324 and 506(ii) of IPC and r/w. Sections 3(1) (r), 3(1) (s), 3

(2) (Va) of SC/ST (POA) Amendment Act, 2015.

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2. The present petition filed by the petitioner is to direct the learned 1st Additional District and Sessions Judge (PCR) Court, Thanjavur, to accept the surrender of the petitioner and also to consider the bail application on the same day.

3. Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl. 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 petitioner and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned 1st Additional District and Sessions Judge (PCR) Court, 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 petitioner on merits on the same day of surrender, after giving notice to the concerned Public Prosecutor and by complying Section 15(5) of the Act.

5. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) 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. Ist Additional District and Session Judge, PCR Court, Thanjavur.

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2. The Deputy Superintendent of Police, Valangaiman Division, Thiruvarur District.

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

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

17.04.2021 AS(10.06.2021)3P 5C 3/3