Dhinakaran v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/05/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR

1. Dhinakaran, S/o. Maharaja, Naduvanur, Panniyamalai Village, Natham Taluk, Dindigul District..

2. Arunraj, S/o. Solai, Naduvanur, Panniyamalai Village, Natham Taluk, Dindigul District..

3. Abdullah, S/o. Thasil, Naduvanur, Panniyamalai Village, Natham Taluk, Dindigul District..

4. Thasil, S/o. Vellai Ravuthar, Naduvanur, Panniyamalai Village, Natham Taluk, Dindigul District..

:Petitioners/Accused 1 to 4 Vs

1. The Deputy Superintendent of, Police, Dindigul Rural, Dindigul.

2. The Sub Inspector of Police, Natham Police Station, Dindigul : Respondents 1&2/Complainant District.

3. Dinesh, S/o. Vellaichamy, Naduvanur, Panniyamalai Village, Nahtam Taluk, Dindigul Dist.

:3rdRespondent/Defacto Complainant 1/3

For Petitioner : M/s.Prem Kumar S, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- This Criminal Original petition is filed to issue a direction to the Learned Principal District and Sessions Judge, (PCR Court) Dindigul to consider the bail Petition on surrender of the same day in Crime No. 412/2021 on the file of the respondent Police, ORDER : The Court made the following order :- The petitioners are the accused in Crime No.412 of 2021 of Natham Police Station, Dindigul District and the offences alleged against the accused are under Sections 294(b), 324, 506(ii) of I.P.C r/w Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2. The present petition filed by the petitioners is to direct the learned Principal District and Sessions Judge, (PCR Court), Dindigul, to accept the surrender of the petitioners and to also consider the bail applications on the same day.

3. Mr.S.Ravi, learned Additional Public Prosecutor, who accepts notice for the respondents 1 and 2, submits that the injured has been discharged from the hospital.

4. Since the prayer itself is to accept the surrender of the petitioners and to consider the bail application on the same day of surrender, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned Principal District and Sessions Judge, (PCR Court), Dindigul, within a period of one month, from the date of resumption of regular work in subordinate Courts in view of the present pandemic situation.

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

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

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) KMM 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 Principal District and Sessions Judge, (PCR Court) Dindigul.

2. The Deputy Superintendent Of, Police, Dindigul Rural, Dindigul.

3. The Sub Inspector of Police, Natham Police Station, Dindigul District.

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

ORDER

IN CRL OP(MD) No.7060 of 2021 Date : 26/05/2021 CN(03.06.2021)3P 5C 3/3