Madras High CourtCRL OP(MD)/4250/2021allowed

M.Sundarapandian @ Sundarapandi v. The Deputy Superintendent Of Police

2021-03-19Honourable Mrs Justice R. Tharani3 pages

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

THE HONOURABLE Mrs. JUSTICE R. THARANI Crl.O.P.(MD)No.4250 of 2021 M.Sundarapandian @ Sundarapandi ... Petitioner/Accused 2 Vs.

1.The Deputy Superintendent of Police, Ommachikulam, 2.The State, Rep. By the Inspector of Police Karupayoorani Police Station, (Crime No.24 of 2021) 3.Bharathvasan ... Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned III Additional District and Sessions Court (PCR), Madurai to consider the bail application to be filed by the petitioner on the same day of his surrender in Crime No.24 of 2021 on the file of the second respondent Police. For Petitioner : Mr.S.Ponsaravanan For Respondents 1 & 2 : Mr.A.Robinson Government Advocate

ORDER

The Petitioners are the accused in Crime No.24 of 2021 of Karupayoorani Police Station, Madurai District. The said case was registered against the accused under Sections 323, 324, 506(ii) 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 r/w 294(5) of IPC.

2.The present petition filed by the Petitioner is to direct the learned III Additional District and Sessions Judge (PCR), Madurai, to accept the surrender of the petitioner and also to consider the bail application on the same day. 3.Mr.A.Robinson, learned Government Advocate, takes notice for the respondents 1 and 2. The third respondent is the de-facto complainant.

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4.Since the prayer itself is to accept the surrender of the petitioner and consider the bail application by the learned III Additional District and Sessions Judge (PCR), Madurai, 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 III Additional District and Sessions Judge (PCR), Madurai, 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 Petitioner on merits, preferably on the same date.

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

Sd/- Assistant Registrar (Records) // 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 III Additional District and Sessions Judge (PCR), Madurai.

2.The Deputy Superintendent of Police, Ommachikulam, 2 / 3

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

Crl.O.P.(MD)No.4250 of 2021 19.03.2021 VB (25.03.2021) 3P 5C 3 / 3