Galaxy Arun @ Arun v. The Assistant Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN

1. Galaxy Arun @ Arun

2. Ramasubramanian @ Subramanian

3. Vicky @ Selva Vignesh

4. Hari @ Ariramakrishnan

5. Sam @ Samjebadurai

6. N.R.Lakshmanan @ Lakshmanan ... Petitioners/Accused Nos 1 to 6 Vs.

1. The Assitant Commissioner of Police, Palayamkottai, (Crime No 213/2021)

2. The State rep. by The Inspector of Police, Palayamkottai Police, Tirunelveli City,

3. Uthiranayagan ... Respondent/Complainant/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Special Court for Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, IInd Additional Sessions Judge, Tirunelveli, Tirunelveli District to accept the surrender of the petitioner and consider his bail application on merit in accordance with law and grant bail on the same date of surrender itself in connection with the case in Crime No.213 of 2021, registered on 30.03.2021 on the file of the 2nd respondent Police.

For Petitioners : Mr.G.Anto Prince For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The petitioners are the accused 1 to 6 in Crime No.213 of 2021 of Palayamkottai Police Station, Tirunelveli District and the offences alleged against the accused are under Sections 147, 294 (b), 323, 109 of IPC under Section 3(1) (r) & 3(1) (s), 3 (2) (va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) 1/3

Act, 1989 and under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002.

2. The present petition filed by the petitioners is to direct the learned II Additional Sessions Judge, Tirunelveli, Tirunelveli District, 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 petitioners and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned II Additional Sessions Judge, Tirunelveli, Tirunelveli District, 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 petitioners 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 (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 Assitant Commissioner of Police, Palayamkottai, 2/3

2. The Inspector of Police, State of Tamil Nadu, Palayamkottai Police,

3. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai.

16.04.2021 SSS(CO) KB(26.04.2021) 3P 4C 3/3