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Madras High CourtCRL OP(MD)/13248/2021disposed of

Prakash v. The Deputy Superintendent Of Police

2021-09-09Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.13248 of 2021 Prakash ... Petitioner / Accused Rank not Known Vs.

1.The Deputy Superintendent of Police, Budalur Police Station Division, Thanjavur District.

2.The Inspector of Police, Budalur Police Station, Thanjavur District In (Crime No.329 of 2021) ... Respondents / Complainants 3.Prakash ... Respondent / Defacto Complainant / Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned 1st Additional District and Sessions Judge, (PCR) Court, Thanjavur to consider the bail application to be filed by the petitioner on the same day of his surrender in connection with Crime No.329 of 2021 on the file of the 2nd respondent Police.

For Petitioner : Mr.A.Arun Prasad For R1 and R2 : Mr.R.M.Anbunidhi Additional Public Prosecutor (Crl.Side)

ORDER

This petition has been filed to direct the learned 1st Additional District and Sessions Judge, (PCR) Court, Thanjavur to accept the surrender of the petitioner and consider the bail application on the date of surrender in connection with Crime No.329 of 2021 on the file of the 2nd respondent police. 2.The petitioner is the accused in Crime No.329 of 2021 on the file of the 2nd respondent police for the offences punishable under Sections 341, 294(b), 323 and 324 of I.P.C r/w Section 3(1)(r), 3 (i) (s) and 3 (2) (va) of the Scheduled Castes and Scheduled 1/3

Tribes (Prevention of Atrocities) Amendedment Act, 2015. 3.Mr.R.M.Anbunithi, learned Additional Public Prosecutor (Crl.side) accepts notice for the respondents 1 and 2. He submitted that the petitioner is having no previous case. 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 1st 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.

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 (RECORDS) // True Copy // / /2021 Sub Assistant Registrar(CS) mm Note : In view of the present lock down owing to COVID19 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 1st Additional District and Sessions Judge, (PCR) Court, Thanjavur.

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2.The Deputy Superintendent of Police, Budalur Police Station Division, Thanjavur District.

2.The Inspector of Police, Budalur Police Station, Thanjavur District.

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

+1 CC to M/s.A.ARUN PRASAD, Advocate (SR-28748[F] dated 09/09/2021) Crl.O.P.(MD)No.13248 of 2021 09.09.2021 (CO) SB(22.09.2021) 3P 6C 3/3