Madras High CourtCRL OP(MD)/10874/2021disposed of

Ananthakumar v. The Deputy Superintendent Of Police

2021-08-09Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Ananthakumar ... Petitioner/Sole Accused Vs.

1The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Kalaiyar Kovil Police Station, Sivagangai District (Crime No.350 of 2021) ..Respondents 1 and 2/Complainants 3.Kaatturaja ... 3rd Respondent/Informant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Additional District and Sessions Court for the exclusive trial of PCR Cases, (PCR Court), Sivagangai to consider the petitioner's bail application on the same day of his surrender in Crime No.350 of 2021 on the file of the second respondent police. For Petitioner : Mr.S.Poornachandran 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 Court for the exclusive trial of PCR Cases, (PCR Court), Sivagangai to accept the surrender of the petitioner and consider the bail application on the date of surrender in connection with Crime No.350 of 2021 on the file of the second respondent Police.

2. The petitioner is the sold accused in Crime No.350 of 2021 on the file of the second respondent for the offences punishable under Section 324 I.P.C and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He would submit that injured was discharged from the hospital and the petitioner has not involved in any previous case.

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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 Additional District and Sessions Court for the exclusive trial of PCR Cases, (PCR Court), Sivagangai, 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 (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb 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 Court for the exclusive trial of PCR Cases, (PCR Court), Sivagangai.

2.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

3.The Inspector of Police, Kalaiyar Kovil Police Station, Sivagangai District.

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

09.08.2021 MGJ(16.08.2021) 3P 5C 3/3