Madras High CourtCRL OP(MD)/11255/2021disposed of

Senthilkumar 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.11255 of 2021 1.Senthilkumar 2.Balasubramaniyan @ Balu 3.Veerasingaram 4.Prakash .. Petitioners No.1 and 2/Accused No 1 to 4 Vs.

1.State represented by The Deputy Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Empal Police Station, Pudukottai District.

(Crime No.65 of 2021) ..Respondent/Complainant 3.Sonamuthu .. Respondents/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned District Sessions Court, (PCR), Pudukkottai to consider and dispose of the bail application of the petitioners in Crime No.65 of 2021 on the file of the 2nd respondent Police on the same day of their surrender.

For Petitioners : Mr.K.Gokul For R1 & R2 : Mr.R.M.Anbunidhi Additional Public Prosecutor (Crl.side)

ORDER

This petition has been filed to direct the learned District Sessions Judge, (PCR), Pudukkottai to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No.65 of 2021 on the file of the 2nd respondent Police.

2.The petitioners are the accused 1 to 4 in Crime No.65 of 2021 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 341, 323 and 506 (i) of I.P.C r/w Section 3 (1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 1/3

3.Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submitted that no case has been registered.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioners shall appear before the learned District Sessions Judge, (PCR), Pudukkottai, 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 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.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (W) // 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 District and Sessions Judge, (PCR), Pudukkottai, 2.The Deputy Superintendent of Police, Pudukkottai District.

3.The Inspector of Police, Empal Police Station, Pudukottai District.

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

Crl.O.P.(MD)No.11255 of 2021 12.08.2021 PS(CO) KB(19.08.2021) 3P 5C 3/3