Madras High CourtCRL OP(MD)/8368/2021disposed of

D.Mugesh v. The Deputy Superintendent Of Police

2021-06-28Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN D.Mugesh ... Petitioner/Accused (Rank Not Known) Vs.

1.The Deputy Superintendant of Police, Kamuthi (Kottaimedu) 2.The Inspector of Police, Perunazhi Police Station, (In Crime No.102/2021) ... Respondents 1& 2/ Complainants 3.Jeevanantham ... 3rd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Principal District and Sessions Court/ Special Court for SC/ST Act, Ramanathapuram District to accept the surrender of the petitioner along with bail application in Cr.No.102 of 2021 on the file of the second respondent police herein and to dispose the bail application on the same day on merits.

For Petitioner : Mr.S.Muthumani For R-1 and R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

The petitioner is the Accused in Crime No.102 of 2021 on the file of Perunzhi Police Station, Ramanathapuram District and the offences alleged against the accused are under Sections 294(b), 323, 324 of IPC and Sections 3(1)(r) and 3(1)(s) of SC/ST (POA) Act.

2. The present petition filed by the petitioner is to direct the learned Principal District and Sessions Court/ Special Court for SC/ST Act, Ramanathapuram District, to accept the surrender of 1/3

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.

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 Principal District and Sessions Court/ Special Court for SC/ST Act, Ramanathapuram District, 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 (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb Note : In view of the present lock down owing to COVID19 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 Principal District and Sessions Court/ Special Court for (PCR) Act, Ramanathapuram District 2.The Deputy Superintendant of Police, Kamuthi (Kottaimedu) 2/3

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

28.06.2021 CN(05.07.2021) 3P 5C 3/3