Madras High CourtCRL OP(MD)/10164/2021disposed of

Jesu Doss v. The Deputy Superintendent Of Police

2021-07-29Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29/07/2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Jesu Doss ... Petitioner/Sole Accused Vs.

1.The Deputy Superintendent of Police, O/o Deputy Superintendent of Police, Nanguneri, Tirunelveli District 2.State rep. by The Inspector of Police, Kalakadu Police Station, Kalakadu (Crime No.303 of 2021)

...Respondents 1 and 2/Complainants

3.Packiyaraj ...3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned II Additional District and Sessions (PCR) Court, Tirunelveli to accept the surrender of the petitioner/accused and consider the petitioner's bail petition and grant bail on the same date of surrender itself in Crime No.303 of 2021 on the file of the respondent police.

For Petitioner : Mr.V.Sorimuthu For R-1 and R-2 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the learned II Additional District and Sessions (PCR) Court, Tirunelveli, to accept the surrender of the petitioner and consider the bail application on the date of surrender in connection with Crime No.303 of 2021 on the file of the second respondent Police.

2. The petitioner is the sole accused in Crime No.303 of 2021 on the file of the second respondent for the offences punishable under Sections 294(b), 324, 506(ii) of I.P.C, Section 4 of Tamilnadu Prohibition of Women Act and Sections 3(1)(r), 3(2)(va) of SC/ST (POA) Amendment Act, 2015.

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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 been discharged from the hospital on 11.07.2021.

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 II Additional District and Sessions (PCR) Court, Tirunelveli, 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-I) // 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 II Additional District and Sessions (PCR) Court, Tirunelveli 2.The Deputy Superintendent of Police O/o Deputy Superintendent of Police, Nanguneri, Tirunelveli District 2/3

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

+1 CC to M/s.V.SORIMUTHU, Advocate ( SR-24503[F] dated 29/07/2021 ) 29.07.2021 RK (06.08.2021) 3P 6C 3/3