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Madras High CourtCRL OP(MD)/6287/2021disposed of

Maruthaiya v. The Superintendent Of Police

2021-05-06Honourable Mrs Justice S.Ananthi (Retd.)2 pages

Crl.O.P.(MD)No.6287 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.05.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE S.ANANTHI Crl.O.P.(MD)No.6287 of 2021 1.Maruthaiya 2.Gopal.M @ Senthil 3.Settu.R ... Petitioners/Accused No.1, 3, 5 Vs.

1.State rep.by The Superintendent of Police, Pudukkottai, Pudukkottai District.

2.The Inspector of Police, Keeranur Police Station, Pudukkottai District.

In Crime No.125 of 2021.

3.Arunkumar ... Respondents/Complainants Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the Hon'ble District and Sessions Judge (PCR cases), Pudukkottai, to consider the bail application on the surrender of the petitioner/Accused on the same day in Crime No.125/2021, on the file of the respondent police, on merits on the same day.

For Petitioners : Mr.G.Mathavan For R1 & R2 : Mr.A.Robinson, Government Advocate (crl.side)

ORDER

The petitioners are the accused Nos.1, 3 and 5 in Crime No.125 of 2021 on the file of the second respondent for the offences punishable under Sections 147, 294(b), 324, 506(i) of IPC and Section 3(1)(r), 3(1)(s). 3(2) (va), of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 2.The present petition filed by the petitioners is to direct the learned District and Sessions Judge (PCR cases), Pudukkottai, to accept the surrender of the petitioners and also to consider the bail application on the same day.

3.Mr.A.Robinson, learned Government Advocate (crl.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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6287 of 2021 learned District and Sessions Judge (PCR cases), Pudukkottai, 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 along with notice served to the defacto complainant, concerned Judge, may consider the bail application filed by the petitioners on merits on the same day of surrender, after hearing the defacto complainant and by complying with Section 15(5) of the Act. 5.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) cp/ias 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.

To 1.The District and Sessions Judge (PCR cases), Pudukkottai.

2.The Superintendent of Police, Pudukkottai, Pudukkottai District.

3.The Inspector of Police, Keeranur Police Station, Pudukkottai District.

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

Crl.O.P.(MD)No.6287 of 2021 06.05.2021 CN(02.06.2021)3P C6 https://hcservices.ecourts.gov.in/hcservices/ 2/2