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Madras High CourtCRL OP(MD)/4574/2021disposed of

M.Manikandan v. The Superintendent Of Police

2021-04-26Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN M.Manikandan

...Petitioner/Accused

Vs State Rep by 1.The Superintendent of Police, Office of the Superintendent of Police Tenkasi, Tenkasi District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Tenkasi, Tenkasi District.

3.The Sub Inspector of Police, Achanpudur Police Station, Tenkasi District.

Formerly Tirunelveli District.

(Crime No.3/2021)

...Respondents/1-3/Complainant

4.Krishnamoorthi ...4th Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the II Additional District and Sessions Judge, Tirunelveli (PCR Act Cases) to consider the bail application on his surrender on the same day, if any petition filed by the petitioner in Crime No.3/2021, on the file of the 3rd respondent.

For Petitioner : Mr.B.Ramanathan For Respondents : Mr.R.Srinivasan Government Advocate (Crl.side)

O R D E R

The petitioner apprehend arrest at the hands of the third respondent police in Cr.No.3 of 2021, for the alleged offence under Section 147, 294(b), 323, 506(i) IPC and under Section 3(1) (r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amedment Act, 2015. 2.The present petition filed by the petitioner is to direct the learned II Additional District and Sessions Judge, Tirunelveli (PCR Act Cases) to accept the surrender of the petitioner and also 1/3

to consider the bail application on the same day. 3.Mr.R.Srinivasan, learned Government Advocate accepts notice for the respondents 1 to 3. The fourth respondent is the de-facto complainant.

4.Since the prayer itself is to accept the surrender of the petitioner and consider the bail application, this Court is inclined to pass the following orders :- i. The petitioner should appear before the learned II Additional District and Sessions Judge, Tirunelveli (PCR Act Cases) within a period of 15 days from the date of receipt of a copy of this order / uploading of the order.

ii.On such surrender, concerned Sessions Judge, may consider the bail application filed by the petitioner on merits on the same day of 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) vrn 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 and Sessions Judge, (PCR Act Cases) Tirunelveli.

2/3

2.The Superintendent of Police, Office of the Superintendent of Police Tenkasi, Tenkasi District.

3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Tenkasi, Tenkasi District.

4.The Sub Inspector of Police, Achanpudur Police Station, Tenkasi District.

Formerly Tirunelveli District.

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

+1 CC to M/s.B.RAMANATHAN, Advocate ( SR-17605[F] dated 27/04/2021 ) 26.04.2021 ns(CO) TR(03.05.2021) 3P 7C 3/3