Madras High CourtCRL OP(MD)/10642/2021disposed of

R.Perumal v. The Deputy Superintendent Of Police

2021-08-05Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05/08/2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.10642 of 2021 1.R.Perumal 2.Kannan 3.Rengan .. Petitioners/Accused Rank not known Vs.

1.The Deputy Superintendent of Police, Illuppur Sub Division, Illuppur, Pudukkottai District.

2.State rep. by The Inspector of Police, Annavasal Police Station, (Crime No.163 of 2021) .. Respondents 1 and 2/Complainants 3.Adaikkan .. 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Principal Sessions Judge, Pudukkottai District (Special Judge for SC/ST Act Cases) to consider the bail petition filed by the petitioners in Crime No.163 of 2021 on the same day of surrender and dispose the same on its merits in accordance with law.

For Petitioners : Mr.P.Ganapathy Subramanian 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 Principal Sessions Judge, Pudukkottai District (Special Judge for SC/ST Act Cases), to accept the surrender of the petitioners and consider the bail applications on the date of surrender in connection with Crime No.163 of 2021 on the file of the second respondent Police.

2. The petitioners are the accused rank not known in Crime No.163 of 2021 on the file of the second respondent for the offences punishable under Sections 147, 294(b), 323, 355, 506(i) of I.P.C r/w Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (POA) Act, 1989.

3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submits that 1/3

injured has been discharged from the hospital and the petitioners have not involved in previous case.

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 Principal Sessions Judge, Pudukkottai District (Special Judge for SC/ST Act Cases) , 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 Principal Sessions Judge, (Special Judge for SC/ST Act Cases) 2.The Deputy Superintendent of Police, Illuppur Sub Division, Illuppur, Pudukkottai District.

2/3

3.State rep. by The Inspector of Police, Annavasal Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.10642 of 2021 05.08.2021 PS(CO) KB(13.08.2021) 3P 5C 3/3