Madras High CourtCRL OP(MD)/5118/2021disposed of

T.Bose v. The Deputy Superintendent Of Police

2021-04-08Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.5118 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.5118 of 2021 T.Bose ... Petitioner/Accused No.4 Vs.

1.The State rep by The Deputy Superintendent of Police, O/o. the Deputy Superintendant of Police, Madurai District.

(Crime No.275/2021) 2.The Inspector of Police, Avaniyapuram Police Station, Madurai District.

(Crime No.275 of 2021).

... Respondents/Complainants 3.Mr.M.Muthu ... Respondent/ Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the IIIrd Additional District Judge (PCR Court), Madurai to accept the surrender of the petitioner/Accused No.4 and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.275 of 2021 dated 25.03.2021 on the file of the second respondent police.

For Petitioner : Mr.K.Dinesh For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

ORDER

The petitioner is the fourth accused in Crime No.275 of 2021 of Avaniyapuram Police Station, Madurai District and the offences alleged against the accused are under Sections 147, 148, 294(b), 324, 506(2), 307 of IPC and Section 3(1)(r), 3(1)(s) and 3(2) (vs) of SC/ST (POA) Act, 1989.

2.The present petition filed by the petitioner is to direct the learned Special Court for Trial of Cases registered under SC/ST (POA) Act Cases, Dindigul, to accept the surrender of the petitioner and also to consider the bail application on the same day. 3.Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl.Side) accepts notice for the respondents 1 and 2 The third respondent is the de-facto complainant. On instruction would submit that it is a case in counter and in both cases, victims have been discharged from the hospital.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5118 of 2021 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 :-

1) The petitioner should appear before the learned IIIrd Additional District Judge (PCR Court), 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, 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 (CO) // 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 IIIrd Additional District Judge (PCR Court), Madurai. 2.The Deputy Superintendent of Police, O/o. the Deputy Superintendant of Police, Madurai District.

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

+1CC to Mr.sK.Dinesh, Advocate, SR.No.305509.03.2021 Crl.O.P.(MD)No.5118 of 2021 08.04.2021 NS(CO) KB(26.04.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2