Madras High CourtCRL OP(MD)/5923/2021disposed of

R.Kannan 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 R.Kannan ... Petitioner/Sole Accused Vs.

1.The Deputy Superintendent of Police, Thirumangalam Circle, Madurai District.

2.The State Rep. by The Inspector of Police, Sindhupatti Police Station, Madurai District.

Crime No.83 of 2021 ... Respondents/Complainants 3.Suresh ... 3rd Respondent/Defacto Complainant 4.Pandiammal ... 4th Respondent/injured Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, permitting the petitioner to surrender before the learned III Additional District Judge, Special Court for PCR Act Cases, Madurai in connection with Crime No.83 of 2021 on the file of the second respondent police and file an application for the grant of bail on the same day and in the event of filing the same, the application may be directed to be considered on the same day on merits and in accordance with law forthwith.

For Petitioner : Mr.M.Jegadeesh Pandian For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)

ORDER

The petitioner is the sole accused in Crime No.83 of 2021 of Sindhupatti Police Station, Madurai District and the offences alleged against the accused are under Sections 294(b), 323, 355 and 506(ii) of IPC, Section 4 of TNPHW Act r/w Sections 3(1)(r), 3 (1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 1/3

2.The present petition filed by the petitioner is to direct the learned III Additional District Judge, Special Court for PCR Act Cases, Madurai, to accept the surrender of the petitioner 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 and fourth respondents are 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 District Judge, Special Court for PCR Act Cases, Madurai, 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 observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) sji 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 III Additional District Judge, Special Court for PCR Act Cases, Madurai.

2.The Deputy Superintendent of Police, Thirumangalam Circle, Madurai District.

3.The Inspector of Police, Sindhupatti Police Station, Madurai District.

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

27.04.2021 ns(CO) TR(04.05.2021) 3P 5C 3/3