Madras High CourtCRL OP(MD)/10868/2021allowed

Santhoshkumar @ Santhosh v. The Deputy Superintendent Of Police

2021-08-06Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.10868 of 2021 1.Santhoshkumar @ Santhosh 2.Sathguru 3.Manoharan 4.Sathishkumar ... Petitioners 1 & 2/Accused 1 & 4, other petitioners Rank Not known Vs.

1.The Deputy Superintendent of Police, Ramanthapuram District.

2.The Inspector of Police, Rameswaram Town Police Station, Ramanathapuram District.

(Crime No.211/2021) ... Respondents 1 & 2/ Complainants 3Ponmani ... 3rd Respondent/Defacto complaina PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned District Sessions Court, (P.C.R), Ramanathapuram to consider and dispose of the bail application of the petitioners in Crime No.211 of 2021 on the file of the second respondent on the same of their surrender.

For Petitioners : Mr.K.Gokul 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 Judge, District Sessions Court, (P.C.R), Ramanathapuram to consider and dispose of the bail application of the petitioners in Crime No.211 of 2021 on the file of the second respondent on the same of their surrender.

2. The petitioners are the accused in Crime No.211 of 2021, on the file of the second respondent for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(2) IPC and Sections 3(1)(r) & 3(1)(s) of SC/ST (POA) 1989. 1/3

3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submits that the first petitioner is involved in offence under Sections 269 & 188 IPC. Injured person was discharged from the Hospital.

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 the learned Judge, District Sessions Court, (P.C.R), Ramanathapuram, 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. Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-II) // 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 District Sessions Court, (P.C.R), Ramanathapuram 2.The Deputy Superintendent of Police, Ramanthapuram District.

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3.The Inspector of Police, Rameswaram Town Police Station, Ramanathapuram District.

(Crime No.211/2021) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.10868 of 2021 06.08.2021 CN(13.08.2021) 3P 5C 3/3