Madras High CourtCRL OP(MD)/8590/2021disposed of

Ilavarasan v. The Deputy Superintendent Of Police

2021-07-01Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8590 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8590 of 2021 Ilavarasaj ... Petitioner/A-No.4 Vs.

1. State Rep. by The Deputy Superintendent of Police, Samanallur (Sub - Division), Madurai District.

2. The Sub-Inspector of Police, Alanganallur Police Station, Madurai District.

(Crime No.293 of 2021) ... 1st and 2nd Respondents/ Complainants

3. Muthaiah ... 3rd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the III Additional Sessions Court (PCR), Madurai, Madurai District, to accept the surrender of the petitioner and consider the bail application on merits on the date of his surrender in Crime No.293 of 2021 on the file of the 2nd respondent Police on the very same day.

For Petitioner : Mr.M.Pitchai Muthu For R-1 and R-2 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

The petitioner is the 4th Accused in Crime No.293 of 2021 on the file of Alanganallur Police Station, Madurai District and the offences alleged against the accused are under Sections 147, 148, 294(b) & 506(ii) IPC r/w. Sections 3 (1) (r), 3(1) (s), 3(2) (va) of SC/ST Act.

2. The present petition filed by the petitioner is to accept the surrender of the petitioner before the III Additional Sessions Court (PCR), Madurai District, in connection with the Crime No. 293 of 2021 on the file of the second Respondent police and to consider the bail application filed by the petitioner 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8590 of 2021 petitioner and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the III Additional Sessions Court (PCR), Madurai District, within a period of 15 days, from the date of receipt of a copy of this order; and

2) On such surrender, the Court concerned, may consider the bail application filed by the petitioner 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-I) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy 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 III Additional Sessions Court (PCR), Madurai District,

2. The Deputy Superintendent of Police, Samanallur (Sub - Division),Madurai District.

3. The Sub-Inspector of Police, Alanganallur Police Station, Madurai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.8590 of 2021 01.07.2021 CN(07.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2