Madras High CourtCRL OP(MD)/8630/2021disposed of

Gowshik v. The Deputy Superintendent Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07/07/2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8630 of 2021 Gowshik .. Petitioner/A13 Vs.

1.The State rep. by Deputy Superintendentof Police, Melur Sub Division, Madurai District ..1st Respondent/Investigation Officer 2.The State rep. by Inspector of Police, Keelavalavu Police Station, Madurai District (Crime No.202 of 2021 ..2nd Respondent/Complainant 3.Ramki ..3rd Respondent/Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned III Additional District and Sessions Court, Madurai (PCR Court) to dispose the bail application of the petiioner on merits on the same day of his surrender b efore the above mentioned court in pending investigation of Crime No.202 of 2021 on the file of the second respondent.

For Petitioners : Mr.Aravinda Raja 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 learned III Additional District and Sessions Court, Madurai (PCR Court) to accept the surrender of the petitioner and consider the bail applications on the date of surrender in connection with Crime No.202 of 2021 on the file of the respondent Police.

2. The petitioner is the accused NO.13 in Crime No.202 of 2021 on the file of the second respondent for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(i) of I.P.C r/w 3(1) (r), 3(1)(d) & (2)(va) of SC/ST (POA) Act.

3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submits that no 1/3

previous case is pending against the petitioner and injured has already been discharged from the hospital.

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 III Additional District and Sessions Court, Madurai (PCR Court) within 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-I) // 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 III Additional District and Sessions Court, Madurai (PCR Court) 2.The Deputy Superintendentof Police, Melur Sub Division, Madurai District 3.The Inspector of Police, Keelavalavu Police Station, Madurai District 2/3

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

Crl.O.P.(MD)No.8630 of 2021 07.07.2021 SSS(CO) KB(14.07.2021) 3P 5C 3/3