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Madras High CourtCRL OP(MD)/5785/2021disposed of

Seenivasan @ Seenikumar v. The Deputy Superintendent Of Police

2021-04-27Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN

1. Seenivasan @ Seenikumar

2. Karthik @ Karthick

3. Siva Chellasamy @ Sivasubramanian,

4. Ramasamy Ramasubbu @ Ramasamy

5. Seenikumar Vadivel @ Seenikumar,

6. Maruthu @ Maruthupandi ... Petitioners/Accuses Nos.1 to 6 Vs.

1.The Deputy Superintendent Of Police, Sankarankovil, Tenkasi District.

... 1st Respondent 2.The Inspector of Police, Tiruvengadam Police Station, Tenkasi District.

Cr.No. 100 of 2021.

... 2nd Respondent/Complainants

3. Murugesan ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Learned IIAdditional District Sessions Judge cum PCR Court, Tirunelveli to consider the petitioners bail application and dispose the bail application on the same day,if the petitioners surrender before the Learned II-Additional District Sessions Judge cum PCR Court, Tirunelveli, in Crime No.100 of 2021 on the file of the second respondent.

For Petitioners : Mr.R.J.Karthick For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

ORDER

The petitioners are accused Nos.1 to 6 in Crime No.100 of 2021 of Tiruvengadam Police Station, Tenkasi District and the offences alleged against the accused are under Sections 147, 341, 294(b), 323, 506 (i) of IPC r/w. Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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2.The present petition filed by the petitioners is to direct the learned II-Additional District Sessions Judge cum PCR Court, Tirunelveli, 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 (criminal 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 District Sessions Judge cum PCR Court, Tirunelveli, 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(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Ls 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.

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To 1.The II-Additional District Sessions Judge cum PCR Court, Tirunelveli 2.The Deputy Superintendent Of Police, Sankarankovil, Tenkasi District.

3.The Inspector of Police, Tiruvengadam Police Station, Tenkasi District.

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

+1 CC to M/s.R.J.KARTHICK, Advocate ( SR-17780[F] dated 28/04/2021 ) 27.04.2021 ns(CO) TR(03.05.2021) 3P 6C 3/3