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Madras High CourtCRL OP(MD)/8288/2021dismissed

Lenin v. The Deputy Superintendent Of Police

2021-06-29Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8288 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8288 of 2021 Lenin ... Petitioner/Accused rank not known Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Illupur Sub Division, Pudukottai District.

2.The Inspector of Police, Karaiyur Police Station, Pudukottai District.

(Crime No.149 of 2021) ... Respondents 1&2/Complainant 3.Vinoth ... 3rd Respondent/Defact Complainant/ Victim Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to accept the surrender of the petitioner before the Special Court for SC/ST (Prevention of Atrocities) Act i.e., the 1st Additional District and Sessions Judge at Pudukottai, in connection with the Crime No.149 of 2021 on the file of the 2nd respondent police and to consider the bail application filed by the petitioner on the same day. For Petitioner : M/s.A.Banumathy For Respondents 1 & 2 : Mr.R.M.Anbu Nithi Additional Public Prosecutor

ORDER

The petitioner is the accused in Crime No.149 of 2021 of Karaiyur Police Station, Pudukottai District and the offences alleged against the accused are under Sections 147, 148, 294 (b), 324, 342, 506 (ii) of IPC @ 147, 148, 294 (b), 324, 342, 506 (ii) & 307 of IPC r/w 3(2)(va) of SC/ST Act.

2.The present petition filed by the petitioner is to direct the learned Special Court for Trial of Cases registered under SC/ST (POA) Act Cases, namely, 1st Additional District and Sessions Judge, Pudukottai, to accept the surrender of the petitioner and also to consider the bail application on the same day. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8288 of 2021 3.Mr.R.M.AnbuNithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. The third respondent is the de-facto complainant. There is no representation for the petitioner.

4. On earlier occasion, it was informed by the learned Additional Public Prosecutor that the injured has been admitted in the hospital and still taking treatment. So, the matter was posted today. Even today, he would submit that the injured has not been discharged from the hospital.

5. Since, the injured is still in hospital and taking treatment, it may not be proper on the part of this Court to pass any order.

6. Hence, the petition deserves dismissal and accordingly, the same is dismissed with a liberty to file a fresh petition. Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) dss 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 1st Additional District and Sessions Judge , Pudukottai 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Illupur Sub Division, Pudukottai District.

3.The Inspector of Police, Karaiyur Police Station, Pudukottai District.

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

Crl.O.P.(MD)No.8288 of 2021 29.06.2021 DKS(CO) KB(08.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2