Murugesan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Murugesan ... Petitioner/Accused No.12 Vs.

1.The State rep. by The Deputy Superintendent of Police, Vedasandur Division, Dindigul District.

... 1st Respondent/Investigation Officer 2.The Inspector of Police, Vedasandur Police Station, Dindigul District (Crime No.141 of 2021) ... 2nd Respondent/Complainant 3.Sumathy ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Additional District and Sessions Judge (Special Court for PCR Cases), Dindigul to consider the petitioner's bail application on the same day of his surrender in respect of Crime No.141 of 2021 on the file of the second respondent.

For Petitioner : Mr.A.Arul Jenifer For R-1 and R-2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.side)

O R D E R

This petition has been filed to direct the learned Additional District and Sessions Judge (Special Court for PCR Cases), Dindigul to accept the surrender of the petitioner and consider the bail application on the date of surrender in connection with Crime No.141 of 2021 on the file of the second respondent Police.

2. The petitioner is arrayed as accused No.12 in Crime No.141 of 2021 on the file of the second respondent for the offences punishable under Sections 294(b) and 506(2) I.P.C and Section 3 of Tamilnadu Prohibition of Charging Exorbitant Interest Act, 2003 and Sections 3(1)(r), 3(1)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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3. Mr.R.Sanjay Gandhi, learned Government Advocate (Crl.side) accepts notice for the respondents 1 and 2. He would submit that the petitioner has not involved in any previous case and the injured has been discharged from the hospital.

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 Additional District and Sessions Judge (Special Court for PCR Cases), Dindigul, 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 (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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 Additional District and Sessions Judge (Special Court for PCR Cases), Dindigul 2.The Deputy Superintendent of Police, Vedasandur Division, Dindigul District.

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

06.09.2021 NSN(CO) SB(14.09.2021) 3P 5C 3/3