Madras High CourtCRL OP(MD)/6569/2021disposed of

Prabu @ Prabakaran v. The Deputy Superintendent Of Police

2021-05-06Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.05.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE S.ANANTHI Prabu @ Prabakaran ... Petitioner/Accused No.4 Vs.

1. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Mannargudi-Post, Thiruvarur-District.

2. The Inspector of Police, Needamangalam Police Station, Needamangalam-Post, Tiruvarur District.

(Crime No.265 of 2021) ... Respondents 1 and 2/ Complainants 3.Jaihind ... 3rd Respondent/ Defacto complainant Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., direction to surrender the petitioner before the I Additional District and Sessions Court, Thanjavur, along with bail application with sureties and the same shall be considered on the same day in connection with Crime No.265 of 2021 on the file of the respondent. (Prayer is amended vide Court order dated 06.05.2021) For Petitioners : Mr.D.Veerasekaran For R1 & R2 : Mr.A.Robinson, Government Advocate (crl.side)

ORDER

The petitioner is the accused No.4 in Crime No.265 of 2021 on the file of the second respondent for the offences punishable under Sections 147, 148, 294(b), 323, 427 and 506(i) of IPC r/w Section 3(1)(r), 3(1)(s) and 3(2)(v-a) 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 I Additional District and Sessions Judge, Thanjavur, to 1/3

accept the surrender of the petitioner 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 defacto 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 I Additional District and Sessions Judge, Thanjavur, 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 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-) 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 I Additional District and Sessions Judge, Thanjavur.

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2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Mannargudi-Post, Thiruvarur-District.

3. The Inspector of Police, Needamangalam Police Station, Needamangalam-Post, Tiruvarur District.

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

06.05.2021 CP/IAS TE : 03/06/2021 : 3P/5C 3/3