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Madras High CourtCRL OP(MD)/6465/2021disposed of

M.Esakkimuthu v. The Assistant Commissiioner Of Police

2021-05-05Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.05.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE S.ANANTHI M.Esakkimuthu ... Petitioners/A-2 Vs.

1. State by The Assistant Commissioner of Police, O/o. The Assistant Commissioner of Police, Palayamkottai, Tirunelvei City. ... 1st Respondent/Respondent

2. The Inspector of Police, Perumalpuram Police Station, Tirunelveli City.

(Crime No.96 of 2021) ... 2nd Respondent/Complainant

3. S.Vanitha ... 3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned II Additional District and Sessions cum PCR. Court, Tirunelveli under SC/ST Act to consider the bail application with sureties at the time of surrender of the petitioner in connection with Crime No.96 of 2021 dated 31.03.2021 is pending investigation on the file of the second respondent police. For Petitioners : Mr.S.Saravanan For R1 & R2 : Mr.K.K.Ramakrishnan, Additional Public Prosecutor

ORDER

The petitioner is the second accused in Crime No.96 of 2021 on the file of the second respondent for the offences punishable under Sections 294(b), 323, 427, 506(i) IPC and Section 4 TNPHW r/w Sections 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 petitioner is to direct the learned II Additional District and Sessions cum PCR. Court, Tirunelveli under SC/ST Act to accept the surrender of the petitioner and also to consider the bail application on the same day. 1/3

3.Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor 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 petitioner and consider the bail application, this Court is inclined to pass the following orders :- 1)The petitioner should appear before the learned II Additional District and Sessions cum PCR. Court, Tirunelveli under SC/ST Act, 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 petitioner on merits on the same day of surrender, after hearing the defacto complainant 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-) 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 II Additional District and Sessions Judge cum PCR. Court, Tirunelveli.

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2. The Assistant Commissioner of Police, O/o. The Assistant Commissioner of Police, Palayamkottai, Tirunelvei City.

3. The Inspector of Police, Perumalpuram Police Station, Tirunelveli City.

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

05.05.2021 GNS/SSB TE : 02/06/2021 : 3P/5C 3/3