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Madras High CourtCRL OP(MD)/12839/2021dismissed

Ananthan v. The Deputy Superintendent Of Police

2021-09-03Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.12839 of 2021 1.Ananthan 2.Selvaraj ... Petitioners /Accused 1 & 4 Vs.

1.The Deputy Superintendent of Police, Pattukottai Sub Division, Pattukottai, Thanjavur District.

2.The Inspector of Police, Peravurani Police Station, Thanjavur District (Crime No.626 of 2021) ... Respondents / Complainants 3.Anburaja ... 3rd Respondent/ Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned I Additional District Sessions Judge (PCR) Court, Thanjavur to accept the surrender of the petitioners and consider the petitioners bail application and grant bail on the same date of surrender itself in Crime No.626 of 2021, on the file of the second respondent.

For Petitioners : Mr.B.Arun For R-1 and R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the learned I Additional District Sessions Judge (PCR) Court, Thanjavur to accept the surrender of the petitioners and consider the petitioners bail application and grant bail on the same date of surrender itself in Crime No.626 of 2021, on the file of the second respondent.

2. The petitioners are the accused Nos.1 & 4 in Crime No.626 of 2021, on the file of the second respondent for the offences punishable under Sections 341, 427, 324 & 506(ii) I.P.C and r/w 3(1)(r) , 3(1)(s) & 3(2) (va) of SC/ST (Prevention of 1/3

Atrocities) Act 1989.

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

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 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 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 (CS I) // 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.

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To 1.The I Additional District Sessions Judge (PCR) Court, Thanjavur 2.The Deputy Superintendent of Police, Pattukottai Sub Division, Pattukottai, Thanjavur District.

3.The Inspector of Police, Peravurani Police Station, Thanjavur District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.B.ARUN, Advocate (SR-28230[F] dated 06/09/2021) Crl.O.P.(MD)No.12839 of 2021 03.09.2021 NSN(CO) SB(15.09.2021) 3P 6C 3/3