Madras High CourtCRL OP(MD)/4110/2021disposed of

A.Kothala Muthu v. The Inspector Of Police

2021-03-17Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)Nos.4110 of 2021 1.A.Kothala Muthu 2.K.Karthick ... Petitioners Nos.1 and 2/ Accused Nos.1 and 2 Vs.

1. The State rep., by The Inspector of Police, Gandamanur Police Station, Theni District.

(In crime No.36/2021) ...1st Respondent/Complainant

2. The Deputy Superintendent of Police, Aundipatty Circle, Theni District.

...2nd Respondent/2nd Respondent

3. Palanichamy ... 3rd Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned District Sessions Court (P.C.R Act Cases) Theni, to consider the petitioners' bail application on the same day of their surrender in Crime No.36 of 2021 on the file of the first respondent police. For Petitioners : Mr.R.Gandhi For R1 & R2 : Mr. A.Robinson Government Advocate (Criminal Side)

ORDER

The petitioners are the accused No.1 and 2 in Crime No.36 of 2021 of Gandamanur Police Station, Theni District and the offences alleged against the accused are under Sections 427 and 506 (i) 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) Amendment Act, 2015.

2. The present petition filed by the petitioners is to direct the learned Sessions Judge (PCR Act Cases), Theni District, to accept the surrender of the petitioners and to also consider the 1/3

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 Sessions Judge (PCR Act Cases), Theni District, 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 (Crl Side) // 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.The District and Sessions Judge, PCR Act Cases, Theni.

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2. The Deputy Superintendent of Police, Aundipatty Circle, Theni District.

3. The Inspector of Police, Gandamanur Police Station, Theni District.

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

+1 CC to M/s.R.GANDHI, Advocate ( SR-11686[F] dated 17/03/2021 ) 17.03.2021 NS(CO) KK(29.03.2021) 3P 6C 3/3