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Madras High CourtCRL OP(MD)/9305/2021disposed of

Ajay v. The Deputy Superintendent Of Police

2021-07-14Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.9305 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14/07/2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.9305 of 2021 A.Ajay ... Petitioner/Accused rank not known Vs.

1. The Deputy Superintendent of Police, Melur, Madurai District.

2. State through the Inspector of Police, Keelavalavu Police Station, In Crime No.15 of 2021, Madurai District.

... Respondents 1 and 2/Complainants

3. Thiruvalluvar ... Respondent No.3/Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the III Additional District and Sessions Judge (PCR Court) Madurai to consider and pass order on the bail application of the petitioner/accused number not known on the same day in Crime No.15 of 2021 pending on the file of the second respondent police.

For Petitioner : Mr.R.Rajamohan For R-1 and R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor O R D E R This petition has been filed to direct the III Additional District and Sessions Judge (PCR Court) Madurai, to accept the surrender of the petitioner and consider the bail application on the date of surrender in connection with Crime No.15 of 2021 on the file of the second respondent Police.

2. The petitioner is the accused number not known in Crime No.15 of 2021 on the file of the second respondent for the offences punishable under Sections 147, 148, 294(b), 324, 109 and 506(ii) I.P.C and Sections 3(2)(va), 3(1)(r), 3(1)(a) of the SC/ST (Prevention of Atrocities) Amendment Act, 1989 on the basis of the complaint given by the defacto complainant Thiruvalluvar.

3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submits that no previous case is pending against the petitioner and injured has already been discharged from the hospital.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9305 of 2021

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 Judge (PCR Court) Madurai, 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 II) // 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. III Additional District and Sessions Judge (PCR Court) Madurai,

2. The Deputy Superintendent of Police, Melur, Madurai District.

3. The Inspector of Police, Keelavalavu Police Station,Madurai District.

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

+1 CC to M/s.R.RAJA MOHAN, Advocate (SR-22468[F] dated 14/07/2021) Crl.O.P.(MD)No.9305 of 2021 14.07.2021 RC (19.07.2021) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2