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Madras High CourtCRL OP(MD)/9543/2021disposed of

Prosekhan v. The Deputy Superintendent Of Police

2021-07-19Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.9543 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19/07/2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.9543 of 2021 1.Prosekhan 2.Kadar Mydeen 3.Shahul Hameed ... Petitioners/Accused rant not known Vs.

1.The Deputy Superintendentof Police, Melur, Madurai District ...1st Respondent/Investigation Officer 2.The State rep. by Inspector of Police, Melur Police Station, Madurai District (Crime No.2019 of 2020 ... 2nd Respondent/Complainant 3.Thanga Pandi ... 3rd Respondent/Defacto complainant 4.Shankar ... 4th Respondent/One another so called victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned III Additional District and Sessions Court (PCR) Madurai to consider the bail application of the petitioners on their surrender and to release them on bail on the very same day in accordance with the FIR in Crime No.2019 of 2020 on the file of the second respondent police.

For Petitioners : Mr.M.S.Jeyakarthik 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 learned III Additional District and Sessions Court (PCR) Madurai to accept the surrender of the petitioners and consider the bail applications on the date of surrender in connection with Crime No.2019 of 2020 on the file of the second respondent Police.

2. The petitioners are the accused number not known in Crime No.2019 of 2020 on the file of the second respondent for the offences punishable under Sections 341, 294(b), 323, of I.P.C r/w 3 (2)(va) of SC/ST (POA) Act.

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 petitioners and injured has https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9543 of 2021 already been discharged from the hospital.

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 learned III Additional District and Sessions Court (PCR) 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 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 // 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. The III Additional District and Sessions Court (PCR), Madurai

2. The Deputy Superintendentof Police, Melur,Madurai District

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

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

+1 CC to M/s.M.S.JEYAKARTHICK, Advocate (SR-23026[F] dated 19/07/2021) Crl.O.P.(MD)No.9543 of 2021 19.07.2021 RC (27.07.2021) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2