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Madras High CourtCRL OP(MD)/8290/2021disposed of

Mathiaalagan v. The Deputy Superintendent Of Police

2021-06-24Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Mathialagan 2.Jeyamurugan 3.Murugesan 4.Nandan @ Viveganandan ... Petitioners/ Accused No.3 to 6 Vs.

1.The Deputy Superintendant of Police, Devakottai, 2.The State, Rep. by Inspector of Police, Thiruvegamputhur Police Station, (Crime No.149 of 2021) ...1st & 2nd Respondents/ Complainants 3.Sadhasivam ... 3rd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Sessions Judge (PCR Court), Sivagangai to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.149 of 2021 dated 16.06.2021 on the file of the respondents police.

For Petitioners : Mr.A.Muralikumar For R-1 and R-2 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

The petitioners are the Accused Nos. 3 to 6 in Crime No.149 of 2021 on the file of Thiruvegamputhur Police Station, Sivagangai District and the offences alleged against the accused are under Sections 147, 294(b), 323 and 325 of IPC r/w Sections 3(1)(r), 3(1) (s) of SC/ST (POA) Amended Act, 2015.

1/3

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

3.

Mr.R.M.Anbunithi, learned Additional Public Prosecutor (Crl. Side) 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 petitioners and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned Special Sessions Judge (PCR Court), Sivagangai, within a period of 15 days, from the date of resumption of regular work in subordinate Courts; and

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

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

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb 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 Sessions Judge (PCR Court), Sivagangai.

2.The Deputy Superintendant of Police, Devakottai, 2/3

3.The Inspector of Police, Thiruvegamputhur Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+2 CC to M/s.A.MURALIKUMAR, Advocate ( SR-20341[F] dated 28/06/2021 ) 24.06.2021 KB(01.07.2021) 3P 7C 3/3