Madras High CourtCRL OP(MD)/3971/2021disposed of

Asan Mohammed Kuttus @ Satham v. The Deputy Superintendent Of Police

2021-03-16Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.3971 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.3971 of 2021 Asan Mohammed Kuttus @ Satham

...Petitioner

/Vs./ 1.The Deputy Superintendant of Police, Melur, Madurai District.

2.The State represented by The Inspector of Police, Melur Police Station, Madurai District.

(Crime No.2019 of 2020) 3.Thanga Pandi 4.Shankar

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned III Additional District and Sessions Court (PCR), Madurai, to consider the petitioner's bail application on the same day of his surrender in Crime No.2019 of 2020 on the file of the second respondent police. For Petitioner : Mr.M.S.Jeyakarthik For Respondents 1 & 2 : Mr.A.Robinson Government Advocate (Criminal Side)

ORDER

The petitioner is the sole accused in Crime No.2019 of 2020 of Melur Police Station, Madurai and the offences alleged against the accused are under Sections 294(b), 341 and 323 of the Indian Penal Code and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2. The present petition filed by the petitioner is to direct the learned III Additional District and Sessions Court (PCR), Madurai, 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 and the fourth respondent is the victim.

4. Since the prayer itself is to accept the surrender of the petitioner and to consider the bail application on the same day of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3971 of 2021 surrender, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned III Additional District Judge (PCR Court), Madurai, 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 Judge, may consider the bail application filed by the petitioner on merits, on the same day of his 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 III Additional District Judge (PCR), Madurai. 2.The Deputy Superintendant of Police, Melur, Madurai District.

3.The Inspector of Police, Melur Police Station, Madurai District.

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

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-11965[F] dated 17/03/2021 ) Crl.O.P.(MD)No.3971 of 2021 16.03.2021 AC(CO) KB(24.03.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2