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Madras High CourtCRL OP(MD)/8276/2021disposed of

Senthilkumar v. The Deputy Superintendent Of Police

2021-06-25Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Senthilkumar ... Petitioner/Accused No.5 Vs.

1.The Deputy Superintendent of Police, Aruppukottai, 2.State Rep. thro' The Sub Inspector of Police, Pandalkudi Police Station, (In Crime No.39/2021) 3.Pandikannan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Judge for Schedule Caste and the Schedule Tribe (Prevention of Atrocities) Act, Virudhunagar District at Srivilliputhur (PCR) Court to accept the surrender of the petitioner and consider his bail application on the same day on merits relating to Crime No.39/2021 on the file of the second respondent police.

For Petitioner :Mr.K.P.Narayanakumar For R-1 and R-2 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

The petitioner is the Accused No.5 in Crime No.39 of 2021 on the file of Pandalkudi Police Station, Virudhunagar District and the offences alleged against the accused are under Sections 147, 148, 294(b), 323, 324, 506(ii) of IPC and Section 3(1)(r), (3)(1)(s), 3 (2)(va) of SC/ST Act-2015.

2. The present petition filed by the petitioner is to direct the learned Special Judge for Schedule Caste and the Schedule Tribe (Prevention of Atrocities) Act, Virudhunagar District at Srivilliputhur (PCR), to accept the surrender of the petitioner 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.

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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 Special Judge for Schedule Caste and the Schedule Tribe (Prevention of Atrocities) Act, Virudhunagar District at Srivilliputhur (PCR), 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 petitioner 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 (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) cp 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 for Schedule Caste and the Schedule Tribe (Prevention of Atrocities) Act, Virudhunagar District at Srivilliputhur (PCR). 2.The Deputy Superintendent of Police, Aruppukottai, 2/3

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

25.06.2021 KK(02.07.2021) 3P 5C 3/3