Thirunavukkarasu 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 1.Thirunavukkarasu 2.Vijay ... Petitioners/Accused Rank Not known Vs.

1.The Deputy Superintendent of Police, Melur, Madurai District.

2.The Inspector of Police, Kottampatti Police Station, Madurai District (Crime No.231 of 2021) ... Respondents 1 & 2 / Complainants 3.Nagarajan ... 3rd Respondent / Complainant 4.Jeganathan

5. Sabarinathan ... 4th and 5th Respondents / Victims PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned III Additional District Sessions Judge (PCR Act Cases), Madurai to consider the petitioners' bail application on the same day which would filed by the petitioner in connection with the Crime No.231 of 2021 on the file of the second respondent Police.

For Petitioners : Mr.R.Aravind Raj 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 III Additional District Sessions Judge (PCR Act Cases), Madurai to accept the surrender of the petitioners and consider the bail applications on the date of surrender in connection with Crime No.231 of 2021 on the file of the second respondent Police.

2. The petitioners are arrayed as accused rank not known in Crime No.231 of 2021 on the file of the second respondent for the 1/3

offences punishable under Sections 147, 148, 294(b), 323, 324, 341, 427 and 506(ii) I.P.C r/w Sections 3(1)(r), 3(1)(s) and 3(2) (va) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3. Mr.R.Sanjay Gandhi, learned Government Advocate (Crl.side) accepts notice for the respondents 1 and 2. He would submit that the petitioners have 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 petitioners shall appear before the learned III Additional District Sessions Judge (PCR Act Cases), Madurai, 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. 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 III Additional District Sessions Judge (PCR Act Cases), Madurai 2/3

2.The Deputy Superintendent of Police, Melur, Madurai District.

3.The Inspector of Police, Kottampatti Police Station, Madurai 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