Madras High CourtCRL OP(MD)/10125/2021disposed of

R.Ajithkumar v. The Deputy Superintendent Of Police

2021-07-28Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28/07/2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.R.Ajithkumar ... Petitioners/Accused No.1 2.R.Samu 3.N.Nanthakumar ... Petitioners/Accused Rank not known Vs.

1.The Deputy Superintendant of Police, Thiruvidaimarudhur, 2.The Inspector of Police, Thiruvidaimarudhur Police Station, Crime No.909/2021 3.A.Aakash ... Respondents /Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned 1st Additional District and Sessions Jduge Cum(PCR) Court, Thanjavur to accept the surrender of the petitioners and to consider the petitioners' bail petition on the same day in accordance with law of their surrender in connection with Crime No.909 of 2021 on the file of the Inspector of Police Thiruvidaimarudhur Police Station, Thanjavur District. For Petitioners : Mr.A.Senthil Kumar 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 1st Additional District and Sessions Jduge Cum(PCR) Court, Thanjavur to accept the surrender of the petitioners and to consider the petitioners' bail petition on the same day in accordance with law of their surrender in connection with Crime No.909 of 2021 on the file of the Inspector of Police Thiruvidaimarudhur Police Station,

2. The petitioners are the accused in Crime No.909 of 2021, on the file of the second respondent for the offences punishable under Sections 294(b), 352, 506(ii) of I.P.C, r/w 3(1)(r), 3(1)(s) and 3(2)(va) of SC-ST Act.

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3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submits that there are no previous case is pending against the petitioners.

4. Considering the facts and circumstances of the case and also taking into consideration the submission of the learned Additional Public Prosecutor, this Court is inclined to allow the petition, as per the following conditions:- 1)The petitioners shall appear before the learned 1st Additional District and Sessions Jduge Cum (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 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. Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) tta 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 learned 1st Additional District and Sessions Jduge Cum(PCR) Court, Thanjavur.

2.The Deputy Superintendant of Police, Thiruvidaimarudhur, 2/3

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

28.07.2021 RK (06.08.2021) 3P 5C 3/3