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Madras High CourtCRL OP(MD)/8411/2021disposed of

Mohanbabu v. The Deputy Superitnendent Of Police

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

Crl.O.P.(MD)No.8411 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.8411 of 2021 1.Mohanbabu 2.Rajkumar ... Petitioners/Accused Nos.2 & 3 Vs.

1.The Deputy Superintendant of Police, Sivagangai, Sivagangai District.

2.The State Rep. by The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

(Cr.No.388 of 2021) ... 1st & 2nd Respondents/Complainants 3.Pradeepkumar ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Additional Sessions Judge (PCR Court), Sivagangai to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.388 of 2021, dated 22.06.2021 on the file of the respondent police.

For Petitioners : Mr.P.Balasubramanian For R-1 and R-2 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

The petitioners are the Accused Nos. 2 & 3 in Crime No.388 of 2021 on the file of Sivagangai Town Police Station, Sivagangai District and the offences alleged against the accused are under Sections 147, 148, 294(b), 323, 324, 427, 506(ii) IPC & Section 3(1) (r) (s) of SC/ST Act.

2. The present petition filed by the petitioners is to direct the learned Additional 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.

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Crl.O.P.(MD)No.8411 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 Additional 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 (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.

To

1. The Additional Sessions Judge (PCR Court), Sivagangai 2.The Deputy Superintendant of Police, Sivagangai, Sivagangai District.

3.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

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

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