Madras High CourtCRL OP(MD)/12355/2021dismissed

Sundarraj@Sudhararaj v. The Deputy Superintendent Of Police

2021-08-27Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.12355 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.12355 of 2021 1.Sundarraj @ Sundhararaj 2.Nandhakumar 3.Navaneethan @ Navaneethakrishanan 4.Varadharaj @ Varatharaj 5.Lakshmana Perumal ... Petitioners/Accused Nos.1 to 5 vs.

1.The Deputy Superintendant of Police, Vilathikulam, Tuticorin District.

2.The Inspector of Police, Pudur Police Station, Tuticorin District.

... Respondents/Complainant 3.Kaliyappan ... Respondent/Defacto Complainant/victims PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court, PCR Act Cases, Tuticorin to consider the bail application on their surrender on the same day, if any petition filed by the petitioner in Crime No.156 of 2021 on the file of second respondent.

For Petitioners : Mr.V.Nirmal Kumar 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 Special Court, PCR Act Cases, Tuticorin to consider the bail application on their surrender on the same day, if any petition filed by the petitioners in Crime No.156 of 2021 on the file of second respondent.

2. The petitioners are the accused in Crime No.156 of 2021, on the file of the second respondent for the offences punishable under Sections 147, 294(b), 323 of IPC, r/w Sections 3(1) (r), 3(1)(s) and 3(1) (f) of SC/ST (Prevention of Atrocities) Amendment Act 2015.

3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor who accepts notice for the respondents 1 and 2 would submit that no previous case is pending against the petitioners and the injured was also discharged from the Hospital.

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Crl.O.P.(MD)No.12355 of 2021

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 Special Court, PCR Act Cases, Tuticorin, 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. Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) tta 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 learned Special Court, PCR Act Cases, Tuticorin 2.The Deputy Superintendant of Police, Vilathikulam, Tuticorin District.

3.The Inspector of Police, Pudur Police Station, Tuticorin District.

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

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