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Madras High CourtCRL OP(MD)/10282/2021disposed of

Palanisamy v. The Deputy Superintendent Of Police

2021-08-04Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04/08/2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.10282 of 2021 Palanisamy ... Petitioner/Sole Accused Vs.

1.The Deputy Superintendent of Police, Vallam Police Station Division, Thanjavur District.

2.The Inspector of Police, Vallam Police Station, Thanjavur District (Crime No.672 of 2021)

...Respondents 1 and 2/Complainants

3.Karthick ...3rd Respondent/Defacto Complainant/victim 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 consider the petitioner's bail petition to be filed by the petitioner on the same on his surrender in connection with Crime No.672 of 2021 on the file of the second respondent police.

For Petitioner : Mr.A.Arunprasad 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 I Additional District and Sessions Judge (PCR) Court, Thanjavur, to accept the surrender of the petitioner and consider the bail application on the date of surrender in connection with Crime No.672 of 2021 on the file of the second respondent Police.

2. The petitioner is the sole accused in Crime No.672 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(1)(s) 3 (2)(va) of SC/ST (POA) Act, 2015.

3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor 1/3

accepts notice for the respondents 1 and 2. He submits that injured has been discharged from the hospital on 27.07.2021. The learned Additional Public Prosecution has also accepted the submission of the learned counsel for the petitioner that even though the petitioner was involved in one previous case, the same ended in acquittal.

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 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 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 (AE) // 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 2/3

2.The Deputy Superintendent of Police, Vallam Police Station Division, Thanjavur District.

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

Crl.O.P.(MD)No.10282 of 2021 04.08.2021 CN(11.08.2021) 3P 5C 3/3