Dhanapal v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Friday, the Thirtieth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in CRL OP(MD)22399 of 2022

1. Dhanapal 2.Dinesh 3.Karuppusamy 4.Karuppu ... Petitioner/ Petitioner Vs 1 The Deputy Superintendent Of Police Samayanallur Madurai Madurai District.

2 The Inspector of Police Alanganallur Police Station Madurai District. (Crime No.343/2022) 3 Dineshkumar ... Respondents/Respondents Prayer in CRL MP(MD). No.6960 of 2023 Criminal Miscellaneous Petition filed under section 482 of Cr.p.c To amend the name of the 3rd petitioner as Abinash instead of Karuppusamy and consequently permit the petitioner to surrender before the concerned court withing the time stipulated by this Hon'ble court in Crl O.P (MD) No. 22399/2022. 1/4

Prayer in CRL OP(MD). 22399/ 2022 :

Criminal Original Petition filed under section 482 of Cr.p.c To direct the Special Judge for SC/ST (Prevention of Atrocities) Act/3rd Additional District and Sessions Judge (PCR Unit), Madurai to consider the bail application of the Petitioners on the same day of their surrender in Crime No.343/2022 ORDER:- This 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.R.Ganesan Advocate for the Petitioner and of Mr.R.Suresh Kumar Government Advocate (Crl.side ) for the 1st and 2nd Respondent, this Court made the following order:

"This petition has been filed to amend the name of third petitioner in the order in Crl.O.P(MD).No.22399 of 2022, dated 19.12.2022. 2.The learned Additional Public Prosecutor was required to verify the name of the third petitioner herein. The second respondent appeared before this Court and stated that there is no identification issue and that the third petitioner is involved in the said offence. On that ground, even though in the petition it has been mentioned as Abinash @ Karuppusamy, his original name is Abinash. There is no alias name called Karuppusamy. Simply because the name in the FIR was mentioned as Karuppusamy, he cannot change his name as Abinash @ Karuppusamy.

3.Considering the reason stated by the petitioner, this petition is allowed by amending the name of third petitioner as Abinash but wrongly mentioned as 2/4

Karuppusamy. Registry is directed issue a fresh copy to the parties concerned. 4.If any surrender petition filed mentioning the facts before the trial Court, the same may be accepted after verifying his identity with Aadhar card. " Sd/- Assistant Registrar(CS-I) // True Copy // /08/2023 Sub Assistant Registrar(CS ) TO

1. The Special Judge for SC/ST (Prevention of Atrocities ) Act/ III Additional District and Sessions Judge ( PCR Unit ), Madurai.

2. The Deputy Superintendent Of Police Samayanallur Madurai Madurai District.

3. The Inspector of Police Alanganallur Police Station Madurai District. (Crime No.343/2022)

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

+1 CC to M/s.R.MURUGAN, Advocate ( SR-31799[F] dated 03/07/2023 ) 3/4

+1 CC to M/s.R.GANESAN, Advocate ( SR-62853[F] dated 19/12/2022 ) ORDER DATED : 30/06/2023 ==========================

ORDER

========================== in CRL OP(MD)22399 of 2022 Giving direction and etc.

as stated within.

AMS/29.08.2023 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4