Tamilvanan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN 1.Tamilvanan 2.Tamilkumar 3.Vijayakumar 4.Akilan 5.Vigneswaran @ Vicky ... Petitioners/Accused 1 to 5 Vs.

1.The Deputy Superintendent of Police, Orathanadu Sub-Division, Thanjavur District.

2.State rep by the Inspector of Police, Vattathikottai Police Station, Thanjavur District.

(Crime No.477 of 2021) ... Respondents 1 & 2/Complainants 3.Elamaran ...

Respondent 3/Defacto Complainant 4.Dinesh 5.Elaiyaraja Respondents 4 & 5/Victim Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned I Additional District and Sessions Judge (PCR Court), Thanjavur to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.477 of 2021 dated 06.08.2021, on the file of the respondent police. For Petitioners : Mr.B.Anandan For R1 & R2 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

The petitioners are the accused 1 to 5 in Crime No.477 of 2021) Vattathikottai Police Station, Thanjavur District and the offences alleged against the accused are under Sections 147, 148, 294(b), 324, 506(ii) and Sections 3(1)(r), 3(1)(s) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) 1/3

Amendment Act, 2015.

2.The present petition filed by the petitioners is to direct the learned Judge, I Additional District and Sessions Judge (PCR Court), Thanjavur, to accept the surrender of the petitioners and also to consider the bail applications on the same day. 3.Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2 and would submit that injured was discharged from the Hospital and no previous case is pending against the petitioners.

4.Since the prayer itself is to accept the surrender of the petitioners and consider the bail application and also considering the submission of the learned Additional Public Prosecutor (Crl.side), this Court is inclined to pass the following orders :-

1) The petitioners should appear before the 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 / uploading of the order.

2) On such surrender, concerned Judge, may consider the bail applications filed by the petitioners on merits on the same day of surrender, after giving notice to the concerned Public Prosecutor and 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) 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.

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To 1.The I Additional District and Sessions Judge (PCR Court), Thanjavur 2.The Deputy Superintendent of Police, Orathanadu Sub-Division, Thanjavur District.

3.The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

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

01.09.2021 RD(13.09.2021) 3P 5C 3/3