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Madras High CourtCRL OP(MD)/3840/2021disposed of

Ayyam Bose @ Ajay v. The Deputy Superintendent Of Police

2021-03-12Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.3840 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.3840 of 2021 Ayyam Bose @ Ajay ... Petitioner Vs.

1. The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

2. The Inspector of Police, Povanthi Police Station, Sivagangai District.

(Crime No.28/2021)

3. Kannan ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Additional District and Sessions Court for exclusive trial for PCR Act cases, Sivagangai, to consider the petitioner's bail application on the same day of his surrender in Crime No.28 of 2021 on the file of the second respondent police.

For Petitioner : Mr.K.K.Samy For Respondents 1 & 2 : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

The petitioner is the fourth accused in Crime No.28 of 2021 of Povanthi Police Station and the offences alleged against the accused is under Sections 341, 294(b), 323, 324, 506(ii) of the Indian Penal Code and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015.

2. The present petition filed by the petitioner is to direct the learned Additional District and Sessions Court for exclusive trial for PCR Act cases, Sivagangai, to accept the surrender of the petitioner 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.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3840 of 2021

4. Since the prayer itself is to accept the surrender of the petitioner and to consider the bail application on the same day of surrender, this Court is inclined to pass the following orders :- 1)The petitioner should appear before the Additional District and Sessions Court for exclusive trial for PCR Act cases, Sivagangai, 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.

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

Sd/- Assistant Registrar (CS-I) // 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. The Additional District and Sessions Court for exclusive trial for PCR Act cases, Sivagangai.

2. The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3. The Inspector of Police, Povanthi Police Station, Sivagangai District.

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

SJI TE : 26/03/2021 : 2P/5C Crl.O.P.(MD)No.3840 of 2021 12.03.2021 https://hcservices.ecourts.gov.in/hcservices/ 2/2