Ramasamy v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Ramasamy 2.Pandi 3.Kabilan 4.Pandiselvi 5.Kavitha

...Petitioners

vs.

1.The Deputy Superintendent of Police, Thirupathur, Sivagangai District.

2.The Inspector of Police, Nachiyarpuram Police Station, Sivagangai District.

Crime No.85 of 2021.

3.Chandran ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned District Judge, Sivagangai (Special Judge for PCR Cases), Sivagangai District to accept the surrender of the petitioners and consider the bail application to be filed by them on merits and on the same day of surrender in Crime No.85 of 2021 on the file of the second respondent Police. For Petitioner : Mr.S.Pugalendhi 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 District Judge, Sivagangai (Special Judge for PCR Cases), Sivagangai District to accept the surrender of the petitioners and consider the bail application to be filed by them on merits and on the same day of surrender in Crime No.85 of 2021 on the file of the second respondent Police.

2. The petitioners are the accused Nos.1 to 5 in Crime No.85 of 2021, on the file of the second respondent for the offences 1/3

punishable under Sections 147, 294(b), 323, 341, 506(ii) of IPC r/w. 3(1)(r), 3(1)(s) of SC/ST (POA) Act.

3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor who accepts notice for the respondents 1 and 2 would submit that the injured has been 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 petitioner shall appear before the learned District Judge, Sivagangai (Special Judge for PCR Cases), Sivagangai District, 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 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 (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb 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 Judge, Sivagangai (Special Judge for PCR Cases), Sivagangai District 2/3

2.The Deputy Superintendent of Police, Thirupathur, Sivagangai District.

3.The Inspector of Police, Nachiyarpuram Police Station, Sivagangai District.

Crime No.85 of 2021.

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

03.09.2021 RK (13.09.2021) 3P 5C 3/3