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Madras High CourtCRL OP(MD)/9763/2021disposed of

Balu v. The Deputy Superintendent Of Police

2021-07-22Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Balu 2.Vijayakanth

...Petitioners/A2 & A3

Vs.

1.The Deputy Superintendent of Police, Pattukottai Sub - Division, Pattukottai, Thanjavur District.

...Respondent/complainant

2.The Inspector of Police, Peravurani Police Station, Thanjavur District (Crime No.626 of 2021)

...Respondents/Defacto

Complainants 3.Anburaja ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned I Additional District and Sessions Judge (PCR) Court, Thanjavur to accept the surrender of the petitioners and consider the petitioner's bail application and grant bail on the same day of surrender itself in Crime No.626 of 2021 on the file of the second respondent Police. For Petitioners : Mr.B.Arun 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 I Additional District and Sessions Judge (PCR) Court, Thanjavur to accept the surrender of the petitioners and consider the bail applications on the date of surrender in connection with Crime No.626 of 2021 on the file of the second respondent Police.

2. The petitioners are arrayed as the second and third accused in Crime No.626 of 2021 on the file of the second respondent for the offences punishable under Sections 341, 427, 324, 506(ii) of I.P.C r/w Sections 3(1)(r),3(1)(s) and 3(2)(va) of the Scheduled Castes 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 1/3

any previous case and the injured has been treated only as outpatient.

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 I Additional District and Sessions Judge (PCR) Court, Thanjavur, 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.

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.The I Additional District and Sessions Judge (PCR) Court, Thanjavur 2.The Deputy Superintendent of Police, Pattukottai Sub - Division, Pattukottai, Thanjavur District.

3.The Inspector of Police, Peravurani Police Station, Thanjavur District 2/3

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

22.07.2021 CM(CO) KB(29.07.2021) 3P 5C 3/3