Vetrivel Pandiyan v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Original Jurisdiction) Tuesday, the Twenty Seventh day of July Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL MP(MD)No.4731 of 2021 in CRL OP(MD)No.698 of 2021 Vetrivel Pandiyan *(Mentioning his name as 'Vetri' in the First Information Report) ...Petitioner/Petitioner * Amended as per Order of this Court dated 27.07.2021 in Crl.MP(MD)No.4731/2021 in Crl.OP(MD)No.698/2021. / VERSUS / 1 State Rep.through The Deputy Superintendent of Police, Nilakottai Sub Division, Nilakottai, Dindigul District. 2 The Inspector of Police, Ammayanaickanur Police Station, Dindigul District. (Crime No.831 of 2020)
...Respondents 1 and 2 / Complainants
3 Vijayasuresh ...3rd Respondent / Defacto Complainant Prayer in CRL MP(MD)No.4731 of 2021 :- Criminal Miscellaneous Petition is filed under section 482 of Criminal Procedure Code, praying this Hon'ble Court to allow the petition to amend the cause title as the petitioner name Vetri @ Vetrivel Pandiyan instead of Vetrivel Pandiyan in the above criminal original petition in Crl.O.P.(MD)No.698 of 2021 order dated 21/01/2021.
Prayer in CRL OP(MD).No.698 of 2021 :
Criminal Original Petition is filed under section 482 of Criminal Procedure Code, praying this Hon'ble Court to direct the learned Additional Sessions Special Court (PCR Court), Dindigul District under the SC/ST (POA) Amendment Act, 2015 to accept the surrender of the petitioner and consider the bail application on 1/3
merits on the same day in connection with Crime No.831 of 2020 on the file of the second respondent Police station. ORDER:- Criminal Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.Prabhu, Advocate for the Petitioner and of Mr.R.M.Anbunithi, Additional Public Prosecutor On Behalf of the Respondent, this Court made the following order:
This petition has been filed to amend the cause title as the petitioner's name Vetri @ Vetrivel Pandiyan instead of Vetrivel Pandiyan in the order dated 21.01.2021.
2. By order dated 21.01.2021 in Crl.O.P(MD)No.698 of 2021 a direction has been issued to the Special Court to consider the bail application of the petitioner on the date of surrender. In this petition, the name of the petitioner has been mentioned as Vetrivel Pandiyan.
3. The grievance of the petitioner is that when he surrendered before the concerned court, by mentioning his name as Vetrivel Pandiyan, the same came to be returned by the Special Court on the ground that his name has been mentioned as 'Vetri' in the First Inforamtion Report and on that ground, the petitioner seeks amendment.
4. Today, the learned counsel for the petitioner has produced documents showing the correct name of the petitioner in his SSLC Transfer Certificate and it is shown as 'Vetrivel Pandiyan'.
5. Heard the learned Additional Public Prosecutor also. He would submit that there is no dispute with regard to the name of the petitioner.
6. Considering the above, a direction is issued to the learned Additional Sessions Judge, Special Court (PCR Court), Dindigul District to accept the surrender of the petitioner mentioning his name as 'Vetrivel Pandiyan' (mentioning his name as 'Vetri' in the First Information Report). If such petition is presented, the learned Additional Sessions Judge, Special Court (PCR Court), Dindigul District, shall entertain the same and pass orders in accordance with law.
7. Considering the request made by the learned counsel for the petitioner, time for surrender is extended from one week from the date of receipt of a copy of this order.
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8. With the above directions, this miscellaneous petition is ordered. The Registry is directed to issue order copy after carrying out the necessary amendment.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1 The Additional Sessions Special Judge (PCR Court), Dindigul District.
2 The Deputy Superintendent of Police, Nilakottai Sub Division, Nilakottai, Dindigul District. 3 The Inspector of Police, Ammayanaickanur Police Station, Dindigul District.
4 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER DATED : 27/07/2021 ==========================
ORDER
========================== CRL MP(MD)No.4731 of 2021 in CRL OP(MD)No.698 of 2021 Giving direction and etc.
as stated within.
RD(19.08.2021) 3P 5C 3/3