G.Manimaran v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R.THARANI Crl.O.P.(MD)No.4243 of 2021 1.G.Manimaran 2.D.Jothirenganayaki ... Petitioners/Accused Nos.2 and 3 Vs.

1.The Deputy Superintendent Of Police, 2.The Inspector of Police Parthipanoor Police Station, (Crime No. 46 of 2021)

...Respondent/Complainant

3.Sathan ... Respondents/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Principal District and Sessions Judge cum PCR Court, Ramanathapuram to consider the petitioners bail application on the day of their surrender in Crime No.46 of 2021 on the file of the Parthipanoor Police Station, Paramakudi Sub Division, Ramanathapuram District.

For Petitioners : Mr.C.M.Arumugam For Respondents 1 & 2 : Mr.A.Robinson Government Advocate

ORDER

The petitioners are the accused in Crime No.46 of 2021 of Paramakudi Sub Division, Ramanathapuram District. The said case was registered against the accused under Sections 294(b), 323, 355, 506(i) I.P.C and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Schedule Caste and the Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015 .

2.The present petition filed by the Petitioners is to direct the Principal District and Sessions Judge cum PCR Court, Ramanathapuram, to accept the surrender of the petitioners and also to consider the bail application on the same day. 1 / 3

3.Mr.A.Robinson, learned Government Advocate, takes 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 consider the bail application by the Principal District and Sessions Judge cum PCR Court, Ramanathapuram, this Court is inclined to pass the following orders :-

1. Three days after giving notice to the concerned Public Prosecutor and the defacto complainant, the petitioners should appear before the Principal District and Sessions Judge cum PCR Court, Ramanathapuram, within a period of 18 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, preferably on the same date.

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

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) Mrn 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 Principal District and Sessions Judge cum PCR Court, Ramanathapuram.

2.The Deputy Superintendent Of Police, 2 / 3

3.The Inspector of Police Parthipanoor Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.4243 of 2021 19.03.2021 NA(CO) KK(26.03.2021) 3P 5C 3 / 3