Dinesh Kumar @ Muthu Dinesh 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 Dinesh Kumar @ Muthu Dinesh, S/o. Thangapandi, T.Pudhukottai Village, Manamadurai Taluk, Sivagangai District.

... Petitioner/Accused No.5 Vs

1. The Deputy Superintendent Of, Police, Manamadurai, Sivagangai District.

2. The Inspector of Police, Manamadurai Police Station, Sivagangai District. Cr.No. 200 of 2021..

3. Manikandan, S/o. Ganesan, T.Pudhukottai Village, Manamadurai Taluk, Sivagangai District.

... Respondents/Complainants For Petitioner : M/s.Kannan V, 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 Sessions Judge and Special Court for PCR,Sivagangai to accept the surrender of the Petitioner in connection with the Cr.No.200 of 2021,pending investigation on the file of the 2nd respondent police.

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ORDER : The Court made the following order :- The petitioner is the accused in Crime No.200 of 2021 of Manamadurai Police Station, Sivagangai District and the offences alleged against the accused are under Sections 147, 148, 294(b), 324 and 506(2) of IPC and Sections 3(1)(r) and 3(1)(s) of the SC/ST (Prevention of Atrocities), Act.

2. The present petition filed by the petitioner is to direct the learned Sessions Judge and Special Court for P.C.R., Sivagangai, to accept the surrender of the petitioner 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 petitioner and to consider the bail application on the same day of surrender, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned Sessions Judge of Special Court for P.C.R., Sivagangai, 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 petitioner 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.

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TO 1.The Sessions Judge, Special Court for P.C.R, Sivgangai.

2. The Deputy Superintendent Of, Police, Manamadurai, Sivagangai District..

3. The Inspector of Police, Manamadurai Police Station, Sivagangai District. Cr.No. 200 of 2021.

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

CRL OP(MD) No.7062 of 2021 Date : 26/05/2021 KK(01.06.2021) 3P 5C 3/3