Madras High CourtCRL OP(MD)/9547/2021disposed of

Deva @ Devakumar v. The Deputy Superintendent Of Police

2021-08-16Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Deva @ Devakumar 2.Pandi @ Pandi Murugan 3.Ajith @ Ajithkumar 4.Surya 5.Ramesh @ Ramesh Kumar ... Petitioners/A1, A2, A5 to A7 Vs.

1. State represented by its The Deputy Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Pudukkottai Police Station, Pudukkottai District (Crime no.1134 of 2021) ... Respondents 1 & 2/Complainants 3.Sathish ... Respondent No.3 / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Principal District and Sessions Judge (PCR Court), Pudukkottai, to consider the bail application of the petitioners on the same day of surrender in Crime No.1134 of 2021 on the file of the second respondent Police.

For Petitioners : Mr.M.Suresh 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 Principal District and Sessions Judge (PCR Court), Pudukkottai, to accept the surrender of the petitioners and consider the bail applications on the date of surrender in connection with Crime No.1134 of 2021 on the file of the second respondent Police.

2. The petitioners are arrayed as A1, A2, A5 to A7 in Crime No.1134 of 2021 on the file of the second respondent for the offences punishable under Sections 147, 148, 294(b), 341, 323, 324 and 506(ii) I.P.C r/w Section 4 of the Prohibition of Harassment of 1/3

Women Act, 2002 and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act,1989.

3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He would submit that it is a case of case and counter, the petitioners have not involved in any previous case and the injured have been discharged from the hospital.

4. It is submitted that after filing of this petition, the petitioners 2 and 4 surrendered and released on bail on 30.07.2021. In view of the said representation, this petition in respect of the petitioners 2 and 4 is dismissed as infructuous.

5. Considering the facts and circumstances of the case, this Court is inclined to pass the following orders only to the petitioners 1,3 and 5 :- 1)The petitioners shall appear before the learned Principal District and Sessions Judge (PCR Court), Pudukkottai, 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 applications 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.

6. With the above observation, this Criminal Original Petition is disposed of with regard to the petitioners 1, 3 and 5. 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.

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To 1.The Principal District and Sessions Judge (PCR Court), Pudukkottai, 2.The Deputy Superintendent of Police, Pudukkottai District, Pudukkottai.

3.The Inspector of Police, Pudukkottai Police Station, Pudukkottai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

16.08.2021 MGJ(17.08.2021) 3P 5C 3/3