Madras High CourtCRL OP(MD)/8387/2021disposed of

Chandran v. The Deputy Superintendent Of Police

2021-06-28Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8387 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8387 of 2021 1.Chandran 2.Shanmugavel 3.Mahendran 4.Alagarsamy ... Petitioners/Accused No.1 to 4 Vs.

1.The Deputy Superintendant of Police, Illupur, Pudukkottai District.

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

(In Crime No.569/2021) 3.Anand ... Respondents/Complainants PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Principal Sessions Judge (Special Court for SC/ST Act) Pudukottai District to consider the bail application filed by petitioners on the same day of surrender in Crime No.569 of 2021 on the file of the second respondent police. For Petitioners : Mr.P.Ganapathi Subramanian For R-1 and R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

The petitioners are the Accused Nos. 1 to 4 in Crime No.569 of 2021 on the file of Annavasal Police Station, Pudukottai District and the offences alleged against the accused are under Sections 294 (b), 323, 324, 506(ii) of IPC r/w Section 3(2)(va) of SC/ST (POA) Amendment Act, 2015.

2. The present petition filed by the petitioners is to direct the learned Principal Sessions Judge (Special Court for SC/ST Act) Pudukottai District, 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.

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Crl.O.P.(MD)No.8387 of 2021

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 Principal Sessions Judge (Special Court for SC/ST Act) Pudukottai 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 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.

1. The Principal Sessions Judge (Special Court for PCR Act) Pudukottai District 2.The Deputy Superintendant of Police, Illupur, Pudukkottai District.

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

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

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