Saravanan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Saravanan 2.Murugesan 3.Gokila ... Petitioners vs.

1.The Deputy Superintendent of Police, Kulithalai, Karur District.

2.The Inspector of Police, Thogamalai Police Station, Karur District.

Crime No.424 of 2021.

3.Premkumar ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Principal District Session Judge (PCR Court), Karur, Karur District, to accept the surrender of the petitioners and consider their bail applications to be filed by them on merits in connection with F.I.R.No.424 of 2021 dated 30.08.2021, on the file of the second respondent, Thogamalai Police Station, Karur District.

For Petitioner : Mr.R.Murugappan 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 Principal District Session Judge (PCR Court), Karur, Karur District, to accept the surrender of the petitioners and consider their bail applications to be filed by them on merits in connection with F.I.R.No.424 of 2021 dated 30.08.2021, on the file of the second respondent, Thogamalai Police Station, Karur District. 2.The petitioners are the accused Nos.1 to 3 in Crime No.424 of 2021, on the file of the second respondent for the offences punishable under Sections 294(b), 324, 379, 355, 506(ii) of IPC and Section 3(1)(X) 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 1/3

injured has been discharged from the Hospital. He would further submit that the there are allegations against the petitioners to the effect that they attacked the third respondent and snatched his cell phone, a sum of Rs.15,000/-.

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 pass the following conditions:- 1)The petitioner shall appear before the learned Principal District Session Judge (PCR Court), Karur, Karur 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.

3)While considering the bail application of the petitioners, the allegations under Section 379 against the petitioners may also be taken into account.

5.Accordingly, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Principal District Session Judge (PCR Court), Karur, Karur District.

2.The Deputy Superintendent of Police, Kulithalai, Karur District.

3.The Inspector of Police, Thogamalai Police Station, Karur District.

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

15.09.2021 RS (24.09.2021) 3P 5C 3/3