Madras High CourtCRL OP(MD)/6452/2020ordered

Sarath v. The Deputy Superintendent Of Police

2020-06-22Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.06.2020

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

1. Sarath

2. Prabhu @ Kalidhas ... Petitioners /Accused Nos.2 & 3 Vs 1.The Deputy Superintendent of Police, Devakottai, Sivagangai District.

2. The State represented through Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.

(in Crime No.330 of 2015) ... 1st and 2nd Respondents / Complainants

3. Murugesan ... 3rd Respondent/ Defacto complainant Prayer: Petition filed under Section 482 of the Criminal Procedure Code, to direct the learned Principal District & Sessions Judge (PCR Court), Sivagangai to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to crime No.330 of 2015.

For Petitioner : Mr.D.Ramesh Kumar For Respondent : Mr.K.K.Ramakrishnan, Nos.1&2 Additional Public Prosecutor 1/3

ORDER

1. The petitioners are shown as accused Nos.2 and 3, in crime No.330 of 2015 registered on the file of the Inspector of Police, Devakottai Taluk Police Station, Sivagangai District, for the offences under Sections 294 (b), 324, 506(ii) of IPC r/w 3(1)(r), 3(1)(s) of the SC/ST (POA) Amendment Act, 2015.

2. The learned Counsel for the petitioners submits that due to previous enmity, a false complaint has been given against the petitioners and the petitioners had not committed any offence as alleged by the respondent Police.

3. The learned Additional Public Prosecutor, on instructions, submitted that a final report has been filed in this case in the year 2015 itself and the same was also taken on file by the Sessions Court, Sivagangai, in SC.No.49 of 2018 and the petitioners surrendered and were released on bail. But, subsequently, they failed to appear before the trial Court, on account of which, non-bailable warrant is pending against these petitioners from 31.10.2019.

4. Heard Mr.D.Ramesh Kumar, learned Counsel appearing for the petitioners and Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor appearing for the State.

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5.In view of the submissions made by the learned Additional Public Prosecutor, this Criminal Original Petition is dismissed with liberty to the petitioners to surrender before the trial Court.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Principal District & Sessions Judge, (PCR Court), Sivagangai.

2.The Deputy Superintendent of Police, Devakottai, Sivagangai District.

3.Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.

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

22.06.2020 SPU (07.07.2020)3P-5C 3/3