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Madras High CourtCRL OP(MD)/6764/2021

Arunkumar v. The Deputy Superintendent Of Police

2021-05-12Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.6764 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.05.2021 CORAM :

THE HONOURABLE Mr. JUSTICE A.A.NAKKIRAN Crl.O.P.(MD)No.6764 of 2021

1. Arunkumar

2. Nanthakumar

...Petitioners

Vs.

1.State rep.by The Deputy Superintendent of Police, Thiruvaiyaru (Sub Division), Thanjavur District.

2.The Sub-Inspector of Police, Nadukaveri Police Station, Thanjavur District.

Cr.No. 115 of 2021.

3.Dhilipan

...Respondents

Prayer :

Criminal Original Petition filed under Section 482 Cr.P.C., to direct I Additional Sessions Court (PCR),Thanjavur District, to accept the surrender of the Petitioners and consider the bail application on merits on the date of their surrender in Cr.No.115 of 2021 on the file of the second respondent police. For Petitioners :Mr.M.Pitchai Muthu For R1 & R2 :Mr.R.Srinivasan Government Advocate (criminal side)

ORDER

This Criminal Original Petition has been filed praying for a direction to I Additional Sessions Court (PCR), Thanjavur District, to accept the surrender of the petitioners and also to consider the bail application and pass orders on merits on the same day. 2.The petitioners are the accused Nos.2 and 3 in Crime No.115 of 2021 on the file of the second respondent for the offences punishable under Sections 294(b), 341, 352 and 506(ii) of I.P.C. r/w. Sections 3(1) (r), 3(1) (s), 3 (2)(va) of the Scheduled Castes and Scheduled Tribes Act.

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 :- https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6764 of 2021 1)The petitioners shall appear before I Additional Sessions Court (PCR), Thanjavur District, 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 petitioners and pass orders on merits on the same day of their 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 I Additional Sessions Court (PCR), Thanjavur District.

2.The Deputy Superintendent of Police, Thiruvaiyaru (Sub Division), Thanjavur District.

3.The Sub Inspector of Police, Nadukaveri Police Station, Thanjavur District.

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

Crl.O.P.(MD)No.6764 of 2021 12.05.2021 RP(24.05.2021) P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2