Sheik Bareeth v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Sheik Bareeth ... Petitioner/Accused Rank not known Vs.

1. The Deputy Superintendent of Police, Ottanchathram,

2. The Inspector of Police, Sempatti Police Station, (Crime No.172/2021) ... 1st and 2nd Respondents/ Complainants

3. S.Vetrivel ... 3rd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Principal District and Sessions Judge cum PCR Court, Dindigul, to consider the petitioner's bail application on the same day of his surrender in Crime No.172 of 2021 on the file of the second respondent.

For Petitioner : Mr.C.M.Arumugam For R-1 and R-2 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

The petitioner is the Accused in Crime No.172 of 2021 on the file of Sempatti Police Station, Dindigul District and the offences alleged against the accused are under Sections 147, 148, 294(b), 341, 324, 506(ii) of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and the Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015.

2. The present petition filed by the petitioner is to accept the surrender of the petitioner before the learned Principal District and Sessions Judge cum PCR Court, Dindigul, in connection with the Crime No. 172 of 2021 on the file of the second Respondent police and to consider the bail application filed by the petitioner on the same day.

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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. He would submit that the injured was discharged from the hospital.

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 and Sessions Judge cum PCR Court, Dindigul, 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 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 Principal District and Sessions Judge cum PCR Court, Dindigul.

2. The Deputy Superintendent of Police, Ottanchathram, 2/3

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

02.07.2021 SSS(CO) TR(12.07.2021) 3P 5C 3/3