Madras High CourtCRL OP(MD)/10080/2021disposed of

S.Chinnasamy 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 Crl.O.P.(MD)No.10080 of 2021 1.S.Chinnasamy 2.Sonaimuthu ... Petitioners/Accused (Rank not Known) Vs.

1.The Deputy Superintendant of Police, Vedasandur, Dindigul District.

..1st Respondent/Investigating officer 2.The Inspector of Police, Vedasandur Police Station, Dindigul District.

(Crime no.141/21) ..2nd Respondent/Complainant 3.Sumathi ..3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to directing the Principal District & Sessions Judge(PCR Court), Dindigul, to consider the petitioners' bail application on the same day of his surrender in Crime No.141 of 2021 on the file of the Vedasandur Police Station, Dindigul District. For Petitioners : Mr.T.Lenin 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 Principal District & Sessions Judge(PCR Court), Dindigul to consider the petitioners' bail application on the same day of his surrender in Crime No.141 of 2021 on the file of the Vedasandur Police Station, Dindigul District.

2. The petitioners are the accused in Crime No.141 of 2021, on the file of the second respondent for the offences punishable under Sections 294(b), 323, 506(ii) of I.P.C, Section 3 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, 3(1)(r) and 3(1)(s) of the Schedule Castes Schedule Tribes (Prevention of Atrocities) Act, 1989.

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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 Principal District & Sessions Judge(PCR Court), Dindigul, 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 (Records) // 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 Principal District & Sessions Judge(PCR Court), Dindigul.

2.The Deputy Superintendant of Police, Vedasandur, Dindigul District.

3.The Inspector of Police, Vedasandur Police Station, Dindigul District.

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

Crl.O.P.(MD)No.10080 of 2021 28.07.2021 CM(CO) KB(04.08.2021) 3P 5C 3/3