Madras High CourtCRL OP(MD)/6966/2021disposed of

Vivek v. The Deputy Supertendent 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 Vivek ... Petitioner Vs.

The State rep. by 1.The Deputy Superintendent of Police, Papanasam Sub Division, Papanasam, 2.The Inspector of Police, Ammapettai Police Station, Ammapettai, 3.Rahul ... Respondents Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the Additional District and Sessions Court, (PCR) Thanjavur, Thanjavur District to receive the bail application and surrender petition of the petitioner in Cr.No.94 of 2021 on the file of 2nd Respondent Police on the date of filing and consequently direct the Additional District and Sessions Court (PCR) Thanjavur to fix the specific date for hearing respondents and the petitioner/accused and to dispose both the surrender and the bail application on such date or dates simultaneously on merits and in accordance with law.

For Petitioner : Mr.A.Balasubramanian For R1 & 2 : Mr.S.Ravi, Additional Public Prosecutor.

ORDER

The petitioner is the accused in Crime No.94 of 2021 on the file of the second respondent police for the offences alleged against the accused under Sections 147, 148, 294(b), 323, 324, 364, 307 of IPC and Section 3(1)(va) of the Scheduled Caste and the Schedule Tribes (Prevention of Atrocities) Amendment Act 2015. 1/3

2.The present petition filed by the petitioner to direct the learned Additional District and Sessions Court, (PCR) Thanjavur, Thanjavur District, 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.

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 Additional District and Sessions Court, (PCR) Thanjavur, Thanjavur District, 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 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/ Vacation Officer //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.The Additional District and Sessions Court, (PCR) Thanjavur, 2/3

2.The Deputy Superintendent of Police, Papanasam Sub Division, Papanasam, 3.The Inspector of Police, Ammapettai Police Station, Ammapettai, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in 19.05.2021 PK(CO) SRS/03.06.2021/3P/5C 3/3