Saravanan 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. Saravanan, S/o. Chinnaiyan, No. 2/6, Panjampatti, Chinnakoundhurai, Musiri Taluk, Trichy Dist.

2. Ananth, S/o. Perumal, No. 5/1, South St, Panjampatti, Evur, Musiri Taluk, Trichy Dist.

3. Jagathesh, S/o. Jeyaraman, No. 196, Panjampatti, Chinnakoundhurai, Musiri Taluk, Trichy Dist.

4. Thangamani, S/o. Thathan, No. 3/20, Panjampatti, Chinnakodundhurai, Musiri Taluk, Trichy Dist.

5. Siva, S/o. Ganesan, No. 200, Panjampatti, Chinnakodundhurai, Musiri Taluk, Trichy Dist.

... Petitioners/Accused 1 to 5 Vs

1. The Deputy Superintendent of Police, Musiri, Trichy District.

2. The Inspector of Police, Vathalai Police Station, Trichy District Cr No. 150/2021.

3. Kanagarasu, S/o. Chellamuthu, No. 1/4, Pallar Street, Chinnakodhundhurai, Musiri Taluk, Trichy Dist.

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4. Vetrivel, S/o. Kanagaraj, No. 14, Pallar St, Chinnakodundhrai, Musiri Taluk, Trichy Dist.

5. Chandhirasekar, S/o. Periyannan, East St, Panjampatti, Musiri Taluk, Trichy Dist.

... Respondents/Complainants For Petitioner : M/s. Azhageson A, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To direct the Learned Special Judge (PCR) Trichy To consider the bail application of the Petitioners on the same day of the filling in Crime No. 150/2021 on the file of hte 2nd Respondent Police station on 30.04.2021, ORDER : The Court made the following order :- The petitioners are the accused in Crime No.150 of 2021 of Vathalai Police Station, Trichy District and the offences alleged against the accused are under Sections 147, 148, 294(b), 323, 324 of IPC and under Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes Act.

2. The present petition filed by the petitioners is to direct the learned Special Judge (PCR), Trichy, 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 Special Judge, Trichy 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, 2/3

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.

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

Sd/- Vacation Officer // 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 Special Judge, (PCR), Trichy.

2. The Deputy Superintendent Of, Police, Musiri, Trichy District.

3. The Inspector of Police, Vathalai Police Station, Trichy District

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

CRL OP(MD) No.7074 of 2021 Date : 26/05/2021 KK(01.06.2021) 3P 5C 3/3