Madras High CourtCRL OP(MD)/6725/2021allowed

Vengatesan v. The Deputy Superintendent Of Police

2021-05-12Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.05.2021 CORAM :

THE HONOURABLE Mr. JUSTICE A.A.NAKKIRAN Vengatesan ... Petitioner Vs.

1.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

2.The State, Rep. by the Inspector of Police, Manamadurai Police Station, Sivagangai District Cr No.200/2021.

3. Manikandan ... Respondents Prayer :

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Judge (PCR Court), Sivagangai, to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.200 of 2021 on the file of the respondents police.

For Petitioner : Mr.P.Balasubramanian 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 Principal District and Sessions Judge (PCR Court), Sivagangai, to accept the surrender of the petitioner and also to consider the bail application and pass orders on merits on the same day.

2.The petitioner is the second accused in Crime No.200 of 2021 on the file of the second respondent for the offences punishable under Sections 147, 148, 294(b), 324 and 506(ii) of I.P.C. r/w. Sections 3(1) (r), 3(i) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amended Act, 2015. 1/3

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 Principal District and Sessions Judge (PCR Court), Sivagangai, 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/- Vaction Officer // True Copy // / /2021 Sub Assistant Registrar(CS) Ls/vsm 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 Principal District and Sessions Judge (PCR Court), Sivagangai.

2. The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3.The Inspector of Police, Manamadurai Police Station, Sivagangai District 2/3

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

12.05.2021 RK(24.05.2021) 3P 5C 3/3