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Madras High CourtCRL OP(MD)/6763/2021allowed

S. Abi Alias Abinesan v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD)No.6763 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.6763 of 2021 S. Abi @ Abinesan

...Petitioner/Accused No.4

Vs.

State represented by its 1.The Deputy Superintendent of Police, Pudukkottai Town, Pudukkottai 2.The Inspector of Police, Vellanur Police Station, Pudukkottai District.

...1st and 2nd Respondents/Complainant Cr No. 114/2021.

3.Marimuthu ...3rd Respondent/Defacto Complainant Prayer :

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the District and Sessions Court cum PCR Court, Pudukkottai, to consider the bail application of the petitioner on the same day of his surrender before that Court in connection with Crime No. 114 of 2021 on the file of the second respondent. For Petitioner :Mr.N.Anandakumar For R1 & R2 :Mr.R.Srinivasan Government Advocate (criminal side)

ORDER

This Criminal Original Petition has been filed praying for a direction to the District and Sessions Court cum PCR Court, Pudukkottai, 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 fourth accused in Crime No.114 of 2021 on the file of the second respondent for the offences punishable under Sections 147, 148, 294(b), 324 of I.P.C. r/w. Section 3(i) (r), (s), 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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 District and Sessions Court cum PCR Court, https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P.(MD)No.6763 of 2021 Pudukkottai, 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 District and Sessions Court cum PCR Court, Pudukkottai.

2.The Deputy Superintendent of Police, Pudukkottai Town, Pudukkottai.

3.The Inspector of Police, Vellanur Police Station, Pudukkottai District.

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

Crl.O.P.(MD)No.6763 of 2021 12.05.2021 RP(24.05.2021) P 5C https://hcservices.ecourts.gov.in/hcservices/