Thanigaiselvan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.05.2021

CORAM:

THE HONOURABLE Mr. JUSTICE A.A.NAKKIRAN Thanigaiselvan (petitioner's name amended by this Court vide order, dated 12.05.2021) ...Petitioner/Accused No.2 Vs.

1.The Deputy Superintendent of Police, Melur Circle, Madurai District. ...Respondent/Complainant 2.The State Rep. by The Inspector of Police, Melavalavu Police Station, Madurai District Cr. No. 72/2021.

3.Vetriselvam ...3rd Respondent/Defacto Complainant 4.Chinnapuliyan ...4th Respondent/Injured Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., permitting the petitioner to surrender before the learned III Additional District Judge, Special Court for PCR Act Cases, Madurai, in connection with Crime No. 72 of 2021 on the file of the second Respondent Police and file an application for the grant of bail on the same day and in the event of filing the same, the said application may be directed to be considered on the same on merits and in accordance with law.

For Petitioner :Mr.M.Jegadeesh Pandian For R1 & R2 :Mr.R.Srinivasan Government Advocate (criminal side)

ORDER

This Criminal Original Petition has been filed praying for a direction to the learned III Additional District Judge, Special Court for PCR Act Cases, Madurai, to accept the surrender of the petitioner and also to consider the bail application and pass orders on merits on the same day.

1/3

2.The petitioner is the second accused in Crime No.72 of 2021 on the file of the second respondent for the offences punishable under Sections 294(b), 323, 506(i) IPC and Sections 3(1) (r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 3.Mr.R.Srinivasan, learned Government Advocate (criminal side) accepts notice for the respondents 1 and 2.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioner shall appear before the learned III Additional District Judge, Special Court for PCR Act Cases, 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, the concerned Judge shall consider the bail application filed by the petitioner and pass orders on merits on the same day of his surrender, after hearing the defacto complainant by complying with Section 15-A of the Act.

5.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Vacation Officer // 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 III Additional District Judge, Special Court for PCR Act Cases, Madurai.

2/3

2.The Deputy Superintendent of Police, Melur Circle, Madurai District.

3.The Inspector of Police, Melavalavu Police Station, Madurai District.

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

12.05.2021 RP (25.05.2021) P 5C 3/3