Madras High CourtCRL OP(MD)/8834/2021disposed of

Madhan@Madhan Kumar 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 Crl.O.P.(MD)No.8834 of 2021 1.Madhan @ Madhan Kumar 2.Shanmugam @ Shanmugananthan 3.Kumar ... Petitioners/A1 to A3 Vs.

1.The Deputy Superintendent of Police, Budalur Police Station Division, Thanjavur District.

2.The Inspector of Police, Budalur Police Station, Thanjavur District (Crime No.329 of 2021)

...Respondents/Complainants

3.Prakash ..3rd Respondent/Defacto Complainant/Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st Additional District and Sessions Judge (PCR) Court, Thanjavur to consider the bail application to be filed by the petitioners on the same day on their surrender in connection with Crime No.329 of 2021 on the file of the second respondent Police.

For Petitioner : Mr.A.Arunprasad 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 1st Additional District and Sessions Judge (PCR) Court, Thanjavur to accept the surrender of the petitioners and consider the bail application on the date of surrender in connection with Crime No. 329 of 2021 on the file of the second respondent Police.

2. The petitioners are the accused 1 to 3 in Crime No.329 of 2021 on the file of the second respondent police for the offences punishable under Sections 341, 294(b), 323, 324 of I.P.C and 3(1) (r), 3(1)(s) and 3(2)(va) 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 petitioners shall appear before the 1st Additional District and Sessions Judge (PCR) Court, Thanjavur, 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 petitioners and pass orders on merits on the same day of their 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 1.1st Additional District and Sessions Judge (PCR) Court, Thanjavur 2.The Deputy Superintendent of Police, Budalur Police Station Division, Thanjavur District.

3.The Inspector of Police, Budalur Police Station, Thanjavur District.

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

Crl.O.P.(MD)No.8834 of 2021 06.07.2021 ls(CO) TR(13.07.2021) 3P '5C 3/3