Madras High CourtCRL OP(MD)/8767/2017dismissed

T.Sundaramoorthy v. The Assistant Commissioner Of

2017-07-12Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR.

CRL.O.P.(MD)No.8767 of 2017 T.Sundaramoorthy : Petitioner/ Accused No.5 -Vs1. The Assistant Commissioner of Police, Palakarai, Trichy, 2.The Inspector of Police, Kottai Police Station, Trichy, Trichy District.

(Crime No.721 / 2017) 3.Chandrakumar : Respondents PRAYER : Petition is filed under Section 482 of the Criminal Procedure Code to pass an order directing the learned I-Additional District Judge (Special Court for PCR Cases), Trichy to accept the surrender of this petitioner in connection with Crime No.721 of 2017 pending on the file of the 2nd respondent and to pass order on the same day in the bail application on merits. For Petitioner : Mr.J.William Christopher For Respondents 1 and 2 : Mr.K.Anbarasan Government Advocate(Crl.Side)

O R D E R

This Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, seeking a direction to the learned I-Additional District Judge (Special Court for PCR Cases), Trichy, to accept the surrender of this petitioner in connection with Crime No.721 of 2017 pending on the file of the 2nd respondent and to pass order on the same day in the bail application on merits.

2. The case of the prosecution is that as against the petitioner and 21 others, a case has been registered for offences punishable under Sections 341, 147,148, 302 IPC., r/w Section 3

(1) (r) (s), 3 (2) (v) of SC/ST Prevention of Atrocities Amendment Act in Crime No.721 of 2017 on the file of the second respondent police.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the official respondents.

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4. Though the petitioner stated that he is not involved in the case, the allegation against the petitioner is that he has conspired together with the other accused. In such case, having regard to the allegation that the incident took place at the instance of the accused only on 01.06.2017, and the offence is grave, this Court is not inclined to direct the Court below to consider the bail petition to be filed by the petitioner. Hence this Criminal Original petition is dismissed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Assistant Commissioner of Police, Palakarai, Trichy, 2.The Inspector of Police, Kottai Police Station, Trichy, Trichy District.

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

CRL.O.P.(MD)No.8767 of 2017 12.07.2017 DAS/PJL JM/SKN RSK/SAR 2/18.07.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/