Madras High CourtCRL OP(MD)/6461/2021disposed of

Jegadesan.M v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD)No.6461 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.6461 of 2021 1.Jegadesan 2.Athirstalakshmi

...Petitioners/Accused No.1&5

Vs.

1.The State Rep.by The Deputy Superintendent of Police, Umatchikulam Sub Division, Office at Othakadai, Madurai District. ...1st Respondent/Investigating Officer 2.The Inspector of Police, Karuppayoorani Police Station, Madurai.

(Crime No.52 of 2021) ...2nd Respondent/Complainant 3.Ramar ...3rd Respondent/Defacto Complainant Prayer :

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the III Additional District and Special Sessions Judge (PCR Court), Madurai, to consider the bail application of the petitioners on the same day of its presentation on merits and in accordance with law with respect to Crime No.52 of 2021, on the file of the second respondent.

For Petitioners: Mr.K.Prabhu For R1 & R2 : Mr.A.Robinson, Government Advocate (Criminal side)

ORDER

The petitioners are the accused Nos.1, 3 and 5 in Crime No.52 of 2021 on the file of the second respondent for the offences punishable under Sections 147, 148, 294(b), 323 and 324 of IPC r/w. Section 4 of TNPHW Act and Section 3(1)(r), 3(1)(s) and 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 IIIrd Additional District and Special Sessions Judge (PCR Court), Madurai, 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 (Criminal side) accepts notice for the respondents 1 and 2. The third respondent is the de-facto complainant.

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Crl.O.P.(MD)No.6461 of 2021 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 IIIrd Additional District and Special Sessions Judge (PCR court), 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 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/ Vacation Officer //True copy// / /2021 Sub Assistant Registrar 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 IIIrd Additional District and Special Sessions Judge (PCR court), Madurai.

2.The Deputy Superintendent of Police, Umatchikulam Sub Division, Office at Othakadai, Madurai District.

3.The Inspector of Police, Karuppayoorani Police Station, Madurai.

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

Order made in Crl.O.P.(MD)No.6461 of 2021 SBS(CO) 06.05.2021 SRS/02.06.2021/3P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2