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Madras High CourtCRL OP(MD)/6863/2021disposed of

Nagaraj@Nagarajan v. The Deputy Superintendent Of Police

2021-05-19Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.05.2021 CORAM :

THE HONOURABLE Mr.JUSTICE G.ILANGOVAN Nagaraj @ Nagarajan ... Petitioner Vs.

The State rep. by 1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thanjavur Sub Division, Thanjavur District.

2.The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.

3.Santha Kumar 4.Nansi ... Respondents Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to accept the surrender of the petitioner before the Special Court for SC/ST (Prevention of Atrocities) Act i.e the 1st Additional District and Sessions Judge at Thanjavur, in Connection with the Crime No.209 of 2021 on the file of the 2nd respondent police and to consider the bail application filed by the petitioner on the same day.

For Petitioner : Mr.K.M.Karunakaran For R1 & 2 : Mr.S.Ravi, Additional Public Prosecutor.

ORDER

The petitioner is the accused in Crime No.209 of 2021 on the file of the second respondent police for the offences alleged against the accused under Sections 448, 294(b), 323, 324, 506(ii), 427 of IPC and 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002, r/w 3(1)(r), 3(1) (s), 3(2)(va) of SC/ST (POA) Amendment Act 2015.

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2.The present petition filed by the petitioner to direct the learned 1st Additional District and Sessions Judge, Thanjavur, to accept the surrender of the petitioner and also to consider the bail application on the same day.

3.Mr.S.Ravi, Additional Public Prosecutor accepts notice for the respondents 1 and 2. The third respondent is the de-facto complainant and the fourth respondent is the victim. 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 1st Additional District and Sessions Judge, Thanjavur, within a period of 15 days from the date of resumption of the normal work of the Court below, due to the prevailing COVID-19 situation.

2) On such surrender, concerned Sessions Judge, may consider the bail application filed by the petitioners on merits on the same day of surrender, after giving notice to the concerned Public Prosecutor and by complying of the Section 15(5) of the Act.

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

Sd/- Assistant Registrar(CS-III) //True copy// / /2021 Sub Assistant Registrar TTA 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. 1st Additional District and Sessions Judge, Thanjavur.

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2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thanjavur Sub Division, Thanjavur District.

3.The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.

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

Order made in Crl.O.P.(MD)No.6863 of 2021 19.05.2021 NSM(CO) SRS/02.06.2021/3P/5C 3/3