Madras High CourtCRL OP(MD)/5176/2021ordered

Priyan @ Shanmugapriyan v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD)No.5176 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.5176 of 2021

1. Priyan @ Shanmugapriyan

2. Mathankumar ... Petitioners/Accused No 2 & 3 Vs.

1. The Deputy Superintendent of Police, Papanasam, Thanjavur District.

2. State rep by, The Inspector of Police, Ammapettai Police Station, Thanjavur District.(Crime no 185/21)

3. Pasupathi ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st Additional District and Sessions Judge (PCR) Court, Thanjavur to consider the bail application to be filed by the petitioners on same day on their surrender in connection with crime No.185 of 2021 on the file of the 2nd respondent.

For Petitioners : Mr.A.Arunprasad For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) for R1 & R2.

ORDER

The petitioners are the 2nd & 3rd accused in Crime No.185 of 2021 of Ammapettai Police Station, Thanjavur District and the offences alleged against the accused are under Sections 147, 148, 294(b), 352 and 506(ii) of IPC and r/w. Section 3(1) (r), 3(1) (s), 3(2) (Va) of SC/ST (POA) Amendment Act, 2015.

2. The present petition filed by the petitioner is to direct the learned I Additional District and Sessions Judge (PCR) Court, Thanjavur, to accept the surrender of the petitioners 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5176 of 2021 petitioners and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned I Additional District and Sessions Judge (PCR) Court, Thanjavur), 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.

1. I Additional District and Sessions Judge (PCR) Court, Thanjavur 2.The Deputy Superintendent of Police, Papanasam, Thanjavur District.

3.The Inspector of Police, State of Tamil Nadu, Ammapettai Police Station, Thanjavur District.

4. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai Crl.O.P.(MD)No.5176 of 2021 09.04.2021 SSS(CO) KB(22.04.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2