Madras High CourtCRL OP(MD)/6861/2021disposed of

Krishnamoorthy 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.Krishnamoorthy 2.Neelakandan 3.Rajendran

...Petitioners/A3to5

Vs.

The State rep. by 1.The Deputy Superintendent of Police, Pattukkottai, Thanjavur District. ...1st Respondent/ Investigation Officer 2.The Inspector of Police, Peravurani Police Station, Thanjavur District. ...2nd Respondent/Complainant 3.Sundarapandian ...3rd Respondent/ Defacto complainant 4.Deepanraj ...4th Respondent/Victim Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the first Additional District and Sessions (Special Court for SC/ST Act Cases, PCR), Thanjavur to consider the bail application of the petitioners in Cr.No.78 of 2021 on the file of the 2nd respondent on the same date of surrender and dispose of the same on its merits in accordance with law. For Petitioners : Mr.R.Maheswaran For R1 & 2 : Mr.S.Ravi, Additional Public Prosecutor.

ORDER

The petitioners are the accused in Crime No.78 of 2021 of Peravurani Police Station, Thanjavur District, and the offences alleged against the accused are under Sections 109, 323, 324, 341, 294(b), 506(ii) of IPC r/w.3(1)(r) 3(1)(s), 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Amendment ) Act, 1989.

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2.The present petition filed by the petitioners to direct the learned first Additional District and Sessions (Special Court for SC/ST Act Cases, PCR), Thanjavur, 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 and the fourth respondent is the victim. 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 first Additional District and Sessions (Special Court for SC/ST Act Cases, PCR), 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 //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.

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To 1.The Judge, The I- Additional District and Sessions Court, (Special Court for SC/ST Act Cases, PCR), Thanjavur.

2.The Deputy Superintendent of Police, Pattukkottai, Thanjavur District.

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

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

Order made in 19.05.2021 SSS(CO) SRS/04.06.2021/3P/5C 3/3