Madras High CourtCRL OP(MD)/13292/2021disposed of

Kalimuthu v. The Deputy Superintendent Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.13292 of 2021 1.Kalimuthu 2.Rajini @ Rajinikanth 3.Natesh @ Nadesan .. Petitioners Vs.

1.State represented by The Deputy Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Avidaiyarkoil Police Station, Pudukottai District.

(Crime No.359 of 2021) ..Respondents/Complainants 3.Sevugaperumal ..Respondents/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned District Sessions Court, (PCR), Pudukkottai to consider and dispose of the bail application of the petitioners in Crime No.359 of 2021 on the file of the 2nd respondent on the same day of their surrender.

For Petitioners : Mr.K.Gokul For R1 & R2 : Mr.R.M.Anbunidhi Additional Public Prosecutor (Crl.side)

ORDER

This petition has been filed to direct the learned District Sessions Judge, (PCR), Pudukkottai to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No.359 of 2021 on the file of the 2nd respondent herein.

2.The petitioners are the accused 1 to 3 in Crime No.359 of 2021 on the file of the 2nd respondent for the offences punishable under Sections 294(b), 341, 323 and 324 of I.P.C r/w Section 3(1) (r), 3(1)(s) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989.

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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 District Sessions Judge, (PCR), Pudukkottai, 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 (Records) // 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 District Sessions Judge, (PCR), Pudukkottai, 2.The Deputy Superintendent of Police, Pudukkottai District.

3.The Inspector of Police, Avidaiyarkoil Police Station, Pudukottai District.

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

Crl.O.P.(MD)No.13292 of 2021 09.09.2021 NSN(CO) KB(21.09.2021) 3P 5C 3/3