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Madras High CourtCRL OP(MD)/11261/2021disposed of

Muthumari.N v. The Deputy Superintendent Of Police

2021-08-12Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.11261 of 2021 N.Muthumari ... Petitioner Vs.

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

2.The State represented by Inspector of Police, Kenikarai Police Station, Ramanathapuram District (Crime No.607 of 2021) 3.Lakshmanan

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Sessions Judge, Special Court for SC/ST POA Act (PCR) Court, Ramanathapuram to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.607 of 2021 dated 30.07.2021 on the file of the respondent Police.

For Petitioner : Mr.D.Ramesh Kumar For R1 and R2 : Mr.R.M.Anbunidhi Additional Public Prosecutor (Crl.Side)

ORDER

This petition has been filed to direct the learned Sessions Judge, Special Court for SC/ST POA Act, (PCR) Court, Ramanathapuram to accept the surrender of the petitioner and consider the bail application on the date of surrender in connection with Crime No.607 of 2021 on the file of the respondent police. 2.The petitioner is the 2nd accused in Crime No.607 of 2021 on the file of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506 (ii) of I.P.C r/w 3(1)(r), 3(i) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) amended Act, 2015.

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

(Crl.side) accepts notice for the respondents 1 and 2. He submitted that the injured has been discharged from the hospital. 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 Sessions Judge, Special Court for SC/ST POA Act (PCR) Court, 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 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) mm 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 Sessions Judge, Special Court for SC/ST POA Act (PCR) Court, Ramanathapuram.

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

2/3

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

Crl.O.P.(MD)No.11261 of 2021 12.08.2021 MGJ(19.08.2021) 3P 5C 3/3