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Madras High CourtCRL OP(MD)/5500/2021disposed of

Raja @ Ramasamy v. The Deputy Superintendent Of Police

2021-04-19Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN 1.Raja @ Ramasamy 2.Vijayakumar 3.Vinoth 4.Babu @ Vinothbabu 5.Suresh 6.Ramesh 7.Suresh 8.Arun @ Arunkumar 9.Suthakar 10.Mahesh @ Maheswaran 11.Kalaiyarasan 12.Ravivarman 13.Ramesh 14.Mohan 15.Rajiesh Kumar ... Petitioners/ Accused No.1 to 15 Vs.

1.State represented by its The Deputy Superintendent of Police, Lalgudi, Trichy.

2.The Inspector of Police, Kallakudi Police Station, Trichy District.

... 1st & 2nd Respondents/ (Crime No.117 of 2021) Complainants 3.Panneer Selvam ... 3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned I Additional District and Sessions Judge Cum Special Judge, P.C.R Court, Trichy, to consider the bail application of the petitioners on the same day of their surrender before that court in connection with Crime No.117 of 2021 on the file of the second respondent. For Petitioner : Mr.N.Anandakumar For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side) 1/3

ORDER

The petitioners are the accused Nos.1 to 15 in Crime No.117 of 2021 of Kallakudi Police Station, Trichy District and the offences alleged against the accused are under Sections 147, 342, 448, 294 (b) and 323 of I.P.C., r/w Section 3(1)(r), 3(1)(c) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2.The present petition filed by the petitioners is to direct the learned I Additional District and Sessions Judge Cum Special Judge, P.C.R Court, Trichy, 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 I Additional District and Sessions Judge Cum Special Judge, P.C.R Court, Trichy, 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. While considering the bail application filed by the petitioners, concerned Sessions Judge may also taken into account the counter case, which is pending in respect of the very same occurrence.

5.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

cp 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 I Additional District and Sessions Judge Cum Special Judge, P.C.R Court, Trichy.

2.The Deputy Superintendent of Police, Lalgudi, Trichy.

3.The Inspector of Police, Kallakudi Police Station, Trichy District.

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

19.04.2021 ark(CO) TR(06.05.2021) 3P 5C 3/3