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Madras High CourtCRL OP(MD)/11352/2021disposed of

Selvakumar v. The Deputy Superintendent Of Police

2021-08-13Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.11352 of 2021 1.Selvakumar 2.Ananth 3.Manikandan ... Petitioners/Accused Vs.

1.The Deputy Superintendent of Police, Pattukkottai Sub-Division, 2.State, rep by the Inspector of Police, Pattukottai Taluk Police Station, (Crime No.480 of 2021)

...Respondents 1 & 2/

Complainants 3.Selvamanikandan ... 3rd Respondent/ Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned I Additional District & Session 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.480 of 2021, dated 24.07.2021, on the file of the respondent police.

For Petitioners : Mr.B.Anandan 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 I Additional District & Session 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.480 of 2021, dated 24.07.2021, on the file of the respondent police.

2. The petitioners are the accused in Crime No.480 of 2021, on the file of the second respondent for the offences punishable under Sections 147, 148, 294(b), 324,506(ii) of I.P.C and r/w 3(1) (r), 3(1)(s) & 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act,2015.

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3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submits that no previous case is pending against the petitioners and the 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 learned I Additional District & Session Judge (PCR Court), Thanjavur 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 allowed. Sd/- Assistant Registrar (AE) // 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 I Additional District & Session Court (PCR Act Cases), Thanjavur 2.The Deputy Superintendent of Police, Pattukkottai Sub-Division, 2/3

3.The Inspector of Police, Pattukottai Taluk Police Station, (Crime No.480 of 2021) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.11352 of 2021 13.08.2021 RD(23.08.2021) 3P 5C 3/3