Madras High CourtCRL OP(MD)/8819/2021disposed of

Sakthikumar v. The Deputy Superintendent Of Police

2021-07-06Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Sakthikumar ... Petitioner/A3 Vs.

State rep. by 1.The Deputy Superintendent of Police, Aruppukottai Sub Division, Virudhunagar District.

State rep. by 2.The Inspector of Police, Panthalkudi Police Station, Virudhunagar District (Crime No.39 of 2021)

...Respondents 1 and 2/Complainants

3.Pandikannan ...3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Judge on the Special Court for the P.C.R cases at Srivilliputhoor, Virudhunagar District to consider the petitioner's bail application and dispose the bail application on the same day if the petitioner/A3 surrender before the Judge on the Special Court for the P.C.R cases at Srivilliputhoor, Virudhunagar District in connection with Crime NO.39 of 2021. For Petitioner : Mr.S.Thirunavukarasu For R-1 and R-2 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the Judge on the Special Court for the P.C.R cases at Srivilliputhoor, Virudhunagar District to accept the surrender of the petitioner and consider the bail application on the date of surrender in connection with Crime No. 39 of 2021 on the file of the second respondent Police.

2. The petitioner is the first accused in Crime No.395 of 2021 on the file of the second respondent police for the offences punishable under Sections 294(b), 323, 324, 506(2) of I.P.C and 3(1) (r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

1/3

3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2.

4. Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioner shall appear before the learned Judge on the Special Court for the P.C.R cases at Srivilliputhoor, Virudhunagar Districtwithin a period of 15 days from the date of receipt of a copy of this order.

2)On such surrender along with notice served to the defacto complainant, the concerned Judge shall consider the bail application filed by the petitioner and pass orders on merits on the same day of his surrender, after hearing the defacto complainant by complying with 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) CM 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 Judge, the Special Court for the P.C.R cases at Srivilliputhoor, Virudhunagar District 2/3

2.The Deputy Superintendent of Police, Aruppukottai Sub Division, Virudhunagar District.

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

+1 CC to M/s.S.THIRUNAVUKARASU, Advocate ( SR-21672[F] dated 08/07/2021 ) 06.07.2021 SSS(CO) TR(13.07.2021) 3P 6C 3/3