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Madras High CourtCRL OP(MD)/5170/2021ordered

P.Gopalakrishnan v. The Inspector Of Police

2021-04-09Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.5170 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.5170 of 2021 P.Gopalakrishnan ... Petitioner/Sole Accused Vs.

1. State through The Inspector of Police, Kadaladi Police Station, Ramanathapuram District. ...1st Respondent/Complainant

2. The Deputy Superintendent of Police, Mudhukulathur, Ramanathapuram District. ...2nd Respondent/Investigating Officer

3. V.Ramasamy ...3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Additional District Court (Special Court for PCR Cases), Ramanathapuram to consider the bail application of the petitioner and pass orders thereon on the same day of his surrender in Crime No.86 of 2021 pending investigation on the file of the 1st respondent police.

For Petitioner : Mr.V.Aranmanai Pandian For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The petitioner is the sole accused in Crime No.86 of 2021 of Kadaladi Police Station, Ramanathapuram District and the offences alleged against the accused are under Sections 294, 506(i) of I.P.C r/w Section 3(1) (r) & 3(1) (s) of SC & ST (Prevention of Atrocities) Amendment Act, 2015.

2.The present petition filed by the petitioner is to direct the learned Additional District Court (Special Court for PCR Cases), Ramanathapuram, 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.

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

Crl.O.P.(MD)No.5170 of 2021

1) The petitioner should appear before the learned Additional District Court (Special Court for PCR Cases), Ramanathapuram, 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 and by complying Section 15(5) of the Act.

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. Additional District Judge (Special Court for PCR Cases), Ramanathapuram

2. The Inspector of Police, Kadaladi Police Station,Ramanathapuram District.

3. The Deputy Superintendent of Police, Mudhukulathur, Ramanathapuram District.

4. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.P.SUBBIAH, Advocate ( SR-15661[F] dated 09/04/2021 ) Crl.O.P.(MD)No.5170 of 2021 09.04.2021 NS(CO) KB(22.04.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2