Madras High CourtCRL OP(MD)/10356/2021disposed of

Balasubramani v. The Deputy Superintendent Of Police

2021-08-02Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.10356 of 2021 Balasubramani ... Petitioner/ Accused Rank not known Vs.

1.The Deputy Superintendent of Police, Vedasanthur, Dindigul ...1st Respondent /Investigator 2.State rep by the Inspector of Police, Vedasanthur Police Station, (Crime No.141 of 2021) ... 2nd Respondent/ Complainant 3.Sumathi ... 3rd Respondent/ Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Additional District and Sessions (Special Court for PCR Cases), Dindigul to consider the bail application of the petitioner on the same day of surrender pertaining to the Crime No.141 of 2021, on the file of the respondent Police Station. For Petitioner : Mr.V.S.Kishok 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 Additional District and Sessions (Special Court for PCR Cases), Dindigul to consider the petitioner's bail application on the same day of his surrender in Crime No.141 of 2021, on the file of the second respondent.

2. The petitioner is the accused in Crime No.141 of 2021, on the file of the second respondent for the offences punishable under Sections 294(b), 506(2) I.P.C and Section 3 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 and Sections 3(1)(r) , 3(1)(s) & 3(2)(va) of SC/ST (POA) Amendment Act 2015.

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

who accepts notice for the respondents 1 and 2 would submit that no previous case is pending against the petitioner.

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 petitioner shall appear before the learned Additional District and Sessions (Special Court for PCR Cases), 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 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. Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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 Additional District and Sessions Judge (Special Court for PCR Cases), Dindigul.

2.The Deputy Superintendent of Police, Vedasanthur, 2/3

3.The Inspector of Police, Vedasanthur Police Station, (Crime No.141 of 2021) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.V.S Kishok Kumar, Advocate ( SR-25038[F] dated 02/08/2021 ) Crl.O.P.(MD)No.10356 of 2021 02.08.2021 MGJ(09.08.2021) 3P 6C 3/3