Madras High CourtCRL OP(MD)/5660/2021disposed of

Gowtham @ Gowtham Stalin v. The Deputy Superintendent Of Police

2021-04-21Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Gowtham @ Gowtham Stalin ... Petitioner/Accused No.3 Vs.

1. State rep. By The Deputy Superintendent of Police, Samanallur (Sub-Division), Madurai District.

2. The Sub-Inspector of Police, Kadupatti Police Station, Madurai District.

(Crime No.1567 of 2020) ...Respondents/Complainant

3. Pandiyarajan ... Respondents/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, pleased to direct the learned 3rd Additional Sessions Court (PCR), Madurai, Madurai District, to accept the surrender of the Petitioners and consider the bail application on merits on the date of their surrender in Crime No. 1567 of 2020 on the file of the 2nd respondent police on the very same day and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner : Mr.M.Thiyagarajan For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) for R1 & R2.

ORDER

The petitioner is the 3rd accused in Crime No.1567 of 2020 of Kadupatti Police Station, Madurai District and the offences alleged against the accused are under Sections 294(b), 324 & 506(ii) of IPC r/w Section 3(1) (r), 3 (1) (s), 3(2)(va) of SC/ST Act.

2. The present petition filed by the petitioner is to direct 1/3

the learned III Additional Sessions Court (PCR), Madurai, Madurai 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 & 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 :-

1) The petitioner should appear before the learned III Additional Sessions Court (PCR), Madurai, Madurai 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 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 direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AE) // 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.

Kmm 2/3

1. The Deputy Superintendent of Police, State of Tamil Nadu, Samanallur (Sub-Division), Madurai District.

2. The Sub-Inspector of Police, Kadupatti Police Station, Madurai District.

3.The Additional Public Procecutor, Madurai Bench Of Madras High Court, Madurai.

21.04.2021 GS (21.05.2021) 3P 4C 3/3