Madras High CourtCRL OP(MD)/4420/2021disposed of

Krishnaprabhu v. The Deputy Superintendent Of Police

2021-03-23Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.4420 of 2021 Krishnaprabu

...Petitioner/Sole Accused

/Vs./ 1.The Deputy Superintendent of Police, Tenkasi, Tankasi District.

2.The Inspector of Police, Chinnakovilangulam Police Station, Tenkasi District.

(Crime No.54 of 2021)

...Respondents 1 and 2/Complainant

3.Muthuraj ...3rd Respondent/Defacto Complainant 4.Rajendran ...4th Respondent/Injured Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the II Additional Sessions Judge (Special Court for PCR Act Cases), Tirunelveli, to consider the petitioner's bail application on the same day of his surrender in Crime No.54 of 2021 on the file of the second respondent police. For Petitioner : Mr.C.Suresh Kannan For Respondents 1 & 2 : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

The petitioner is the sole accused in Crime No.54 of 2021 of Chinnakovilangulam Police Station,, Tenkasi District and the offences alleged against the accused are under Sections 294(b), 324 and 506 (i) of the Indian Penal Code and Sections 3(1)(r) and 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 II Additional District Judge (PCR Act Cases), Tirunelveli, to accept the surrender of the petitioner and to also consider the bail application 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. 1/3

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 II Additional District Judge (PCR Act Cases), Tirunelveli, 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 II Additional District 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 // True Copy // / /2021 Sub Assistant Registrar(CS) rmk 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 II Additional District Judge (PCR Act Cases), Tirunelveli. 2.The Deputy Superintendent of Police, Tenkasi, Tankasi District.

3.The Inspector of Police, Chinnakovilangulam Police Station, Tenkasi District.

2/3

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

+1 CC to M/s.C.SURESH KANNAN, Advocate ( SR-12922[F] dated 23/03/2021 ) 23.03.2021 mj(CO) KK(01.04.2021) 3P 6C 3/3