Madras High CourtCRL OP(MD)/6849/2021disposed of

Elangovan v. The Deputy Superintendent Of Police

2021-05-21Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.05.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Elangovan ... Petitioner Vs.

State represented by 1.The Deputy Superintendent of Police, Uthamapalayam, Theni District.

2.The Inspector of Police, Cumbum South Station, Theni District.

(Crime No.201 of 2021) 3.Raja ... Respondents Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the Additional District and Sessions Judge, Theni (PCR Act Cases) to consider the bail application on his surrender on the same day, if any petition filed by the petitioner in Crime No.201 of 2021 on the file of the second respondent. For Petitioner : Mr.C.Susi Kumar For R1 & R2 : Mr.S.Ravi, Additional Public Prosecutor

ORDER

The petitioner is the accused in Crime No.201 of 2021 of Cumbum South Station, Theni District and the offences alleged against the accused are under Sections 294(b), 323 IPC r/w Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 2.The present petition has been filed by the petitioner to direct the Additional District and Sessions Judge, Theni (PCR Act Cases), to accept the surrender of the petitioner and also to consider the bail application on the same day. 1/3

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 petitioner and consider the bail application, this Court is inclined to pass the following orders :- 1)The petitioner should appear before the learned learned Additional District and Sessions Judge, Theni (PCR Act Cases), within a period of one month 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 petitioner 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 MSA/GNS 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 Additional District and Sessions Judge, Theni (PCR Act Cases) 2.The Deputy Superintendent of Police, Uthamapalayam, Theni District.

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3.The Inspector of Police Cumbum South Station Theni District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in 21.05.2021 KG(CO) SRS/02.06.2021/3P/5C 3/3