Madras High CourtCRL OP(MD)/12993/2021disposed of

Ramamoorthi v. The Deputy Superintendent Of Police

2021-09-07Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.12993 of 2021 1.Ramamoorthi 2.Madhavan ... Petitioners / Accused No. 4 & 5 Vs.

1.The Deputy Superintendent of Police, Anti Land Grabbing Special Cell, Sivagangai District.

2.The Inspector of Police, District Crime Branch, Sivagangai District.

Crime No.30 of 2019 3.Manickavalli ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Additional District & Sessions Judge (PCR Court), Sivagangai to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No. 30 of 2019 dated 30.08.2019 on the file of the respondent police.

For Petitioners : Mr.T.Veerakumar For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side)

ORDER

This petition has been filed to direct the learned Additional District & Sessions Judge (PCR Court), Sivagangai to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No.30 of 2019 on the file of the respondent police.

2.The petitioners are the accused 4 and 5 in Crime No.30 of 2019 on the file of the 2nd respondent police for the offences punishable under Sections 406, 468, 471, 420, 294(b), 506 (ii) and 1/3

120 (b) of I.P.C r/w Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3.Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submitted that 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 Additional District & Sessions Judge (PCR Court), Sivagangai, 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 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 (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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 Additional District & Sessions Judge (PCR Court), Sivagangai.

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2.The Deputy Superintendent of Police, Anti Land Grabbing Special Cell, Sivagangai District.

3.The Inspector of Police, District Crime Branch, Sivagangai District.

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

07.09.2021 NSN(CO) SB(22.09.2021) 3P 5C 3/3