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Madras High CourtCRL OP(MD)/4293/2021allowed

Rajendran v. The Deputy Superintendent Of Police

2021-03-19Honourable Mr Justice G.Ilangovan3 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.4293 of 2021 1.Rajendran 2.Selva @ Selvaraj ... Petitioners/Accused No 1 &2 Vs.

1.The State By the Deputy Superintendent Of Police, Vedasandur Division, Dindigul District. ...1st Respondent/Investigation Officer 2.The Inspector of Police Vedasandur Police Station, Dindigul District. ...2nd Respondent/Complainant 3.Sumathi ...3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Additional District and Sessions Judge (Special Court for PCR), Dindigul to consider their bail application on the day of their surrender in respect of Crime No.141 of 2021 on the file of the second respondent. For Petitioners : Mr.D.Venkatesh For Respondents 1 & 2 : Mr.A.Robinson Government Advocate

ORDER

The Petitioners are the accused in Crime No.141 of 2021 of Vedasandur Police Station, Dindigul District. The said case was registered against the accused under Sections 294(b) and 506(ii) I.P.C and Section 3 of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 r/w. Sections 3(1)(r), and 3(1)(s) 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 learned Additional District and Sessions Judge (Special Court for PCR Cases), Dindigul, to accept the surrender of the petitioners 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.

4.Since the prayer itself is to accept the surrender of the Petitioners and consider the bail application by the learned Additional District and Sessions Judge (Special Court for PCR 1 / 3

Cases), Dindigul, 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 learned Additional District and Sessions Judge (Special Court for PCR Cases), Dindigul, 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 (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 Judge (Special Court for PCR), Dindigul.

2.The Deputy Superintendent Of Police, Vedasandur Division, Dindigul District.

3.The Inspector of Police Vedasandur Police Station, Dindigul District.

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

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+1 CC to M/s.D.VENKATESH, Advocate ( SR-12820[F] dated 22/03/2021 ) Crl.O.P.(MD)No.4293 of 2021 19.03.2021 NS(CO) KB(26.03.2021) 3P 6C 3 / 3