Madras High CourtCRL OP(MD)/4962/2021disposed of

Prabakaran v. The Deputy Superintendent Of Police

2021-04-01Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.4962 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.4962 of 2021 Prabakaran

...Petitioner

/Vs./ 1.The State rep., by The Deputy Superintendent of Police, Y.Othakadai, Madurai.

2.The State rep., by The Inspector of Police, Karuppayoorani Police Station, Madurai District.

(In Crime No.24 of 2021) 3.Bharatwajan

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the III Additional Sessions Judge (PCR Act Cases), Madurai, to consider the petitioner's bail application 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.P.Naveen Kumar For Respondents 1 & 2 : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

The petitioner is an accused No.3 in Crime No.24 of 2021 of Karuppayoorani Police Station, Madurai and the offences alleged against the accused are under Sections 323, 324, 294(b) and 506 (ii) of the Indian Penal Code and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendmenet Act, 2015.

2. The present petition filed by the petitioner is to direct the III Additional District Judge (PCR Act Cases), Madurai, to accept the surrender of the petitioner and to also consider the bail application on the same day.

3. Mr.S.Chandra Sekar, learned Additional Public Prosecutor accepts 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 petitioner and to consider the bail application on the same day of surrender, this Court is inclined to pass the following orders :- https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4962 of 2021

1) The petitioner should appear before the III Additional District Judge (PCR Act Cases), Madurai, 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 III Additional District Judge, may consider the bail application filed by the petitioner on merits, on the same day of their 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) 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 Judge (PCR), Madurai. 2.The Deputy Superintendent of Police, Y.Othakadai, Madurai.

3.The Inspector of Police, Karuppayoorani Police Station, Madurai District.

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

+1 CC to M/s.S.P.NAVEEN KUMAR, Advocate ( SR-15194[F] dated 01/04/2021 ) Crl.O.P.(MD)No.4962 of 2021 01.04.021 KUN(CO) KB(15.04.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2