Madras High CourtCRL OP(MD)/6808/2021disposed of

D.Sharma 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 1.D.Sharma 2.Arivalagan 3.Muthusamy 4.Nagarajan 5.Rubert 6.Liyosubash ... Petitioners/Accused Rank not known Vs.

1. The Deputy Superintendent of Police, Kulithalai, Karur District. ... Respondent/ Investigation Officer

2. The State rep.by The Sub Inspector of Police, Thogamalai Police Station, Karur District.

(Crime No.125 of 2021) ... Respondent/Complainant 3.Radha ... Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to pass an order permitting the petitioners to surrender and accept the bail application filed by the petitioners before the learned Principal District & Sessions Court (PCR), Karur in crime Number.125 of 2021 on the file of the second respondent police and in the event of filing the same, the said application may be directed to consider on the same day on merits and in accordance with law forthwith.

For Petitioners : Mr.M.Karunanithi For R1 & 2 : Mr.S.Ravi, Additional Public Prosecutor.

ORDER

The petitioners are the accused in Crime No.125 of 2021 of Thogamalai Police Station, Karur District and the offences alleged against the accused are under Sections 147, 294(b), 323, 355 & 506(i) IPC r/w Sections 3(i)(r)(s)(e) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 1/3

2.The present petition filed by the petitioners is to direct the learned Principal District & Sessions Court (PCR), Karur, to accept the surrender of the petitioners 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.

4.Since the prayer itself is to accept the surrender of the petitioners and consider the bail application, this Court is inclined to pass the following orders :- 1)The petitioners should appear before the learned learned Principal District & Sessions Court (PCR), Karur, 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/ 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.

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1. The Principal District & Sessions Judge (PCR), Karur.

2. The Deputy Superintendent of Police, Kulithalai, Karur District.

3. The Sub Inspector of Police, Thogamalai Police Station, Karur District.

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

19.05.2021 GNS TE : 02/06/2021 : 3P/5C 3/3