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Madras High CourtCRL OP(MD)/8612/2021disposed of

Kathirvel@Karthirvelavan v. The Deputy Superintendentof Police

2021-07-01Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Kathirvel @ Kathirvelavan ... Petitioner Vs.

1. The Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District.

2. The Inspector of Police, Thirupalaikudi Police Station, Ramanathapuram District.

... 1st and 2nd Respondents/ Complainants

3. Alagar ... 3rd Respondent/ Defacto Complainant/Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Principal District & Sessions Judge (Special Court for Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ramanathapuram, Ramanathapuram District, to accept the surrender of the petitioner and consider the petitioner's bail application and to grant bail on the date of surrender itself, in Crime No.95 of 2018 on the file of the 2nd respondent.

For Petitioner : Mr.D.Balamurugapandi For R-1 and R-2 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

The petitioner is the 2nd Accused in Crime No.95 of 2018 on the file of Thirupalaikudi Police Station, Ramanathapuram District and the offences alleged against the accused are under Sections 147, 148, 341, 294(b), 323 & 506(i) IPC r/w. 3(1)(r) & 3(1)(s) of SC/ST (POA) Amendment Act, 2015.

2. The present petition filed by the petitioner is to accept the surrender of the petitioner before the learned Principal District & Sessions Judge (Special Court for Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989), Ramanathapuram, in connection with the Crime No. 95 of 2018 on the file of the second Respondent police and to consider the bail application filed by the petitioner on the same day. 1/3

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 & Sessions Judge (Special Court for Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989), Ramanathapuram, 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 // True Copy // / /2021 Sub Assistant Registrar(CS) ogy 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 learned Principal District & Sessions Judge (Special Court for Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989), Ramanathapuram, 2/3

2. The Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District.

3. The Inspector of Police, Thirupalaikudi Police Station, Ramanathapuram District.

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

+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-20864[F] dated 01/07/2021 ) 01.07.2021 CN(07.07.2021) 3P 6C 3/3