Madras High CourtCRL OP(MD)/13920/2021disposed of

Tamilselvan v. The Deputy Superintendent Of Police

2021-09-20Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.09.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.13920 of 2021 1.Tamilselvan,S/o. Sundar 2.Sankar,S/o. Balakrishnan 3.Sankar,S/o. Vadivel 4.Kalaimani,S/o. Mahalingam ... Petitioners/Accused No.1 to 4 Vs.

1.The Deputy Superintendent of Police, Kulithalai, 2.The Inspector of Police, Kulithalai Police Station, (Crime No.780 of 2021) ... Respondent 1 & 2/Complainant 3.Navees ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, permitting the petitioners to surrender and accept the bail application filed by the petitioners before the learned Principal District & Sessions Court (PCR), Karur in Crime Number.780 of 2021 on the file of the second respondent police and in the event of filing the same, the said application may be directed to be considered on the same day on merits and in accordance with law forthwith.

For Petitioners : Mr.M.Karunanithi For Respondents : Mr.K.Sanjai Gandhi Government Advocate for R1 and R2

ORDER

This petition has been filed by the Petitioners to direct the learned Principal District & Sessions Court (PCR), Karur to accept their surrender and to consider bail application to be filed by them on same day on merits in Crime No. 780 of 2021 on the file of 2nd Respondent police.

2. The petitioners are the accused in Crime No.780 of 2021, on the file of the second respondent for the offences punishable under Sections 294(b), 506(i) of IPC, 3(1)(r) and 3(1) (s) of Schedule Caste and the Schedule Tribes (Prevention of Atrocities) Act 1989.

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3. Mr.R.M.Anbunithi, learned Government Advocate who accepts notice for the respondents 1 and 2 would submit that no previous case is pending against the petitioners and the injured has been discharged from the Hospital.

4. Considering the facts and circumstances of the case and also taking into consideration the submission of the learned Government Advocate, this Court is inclined to allow the petition as per the following conditions:- 1)The petitioners shall appear before the learned Principal District & Sessions Court (PCR), Karur, 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. Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) tta Note:(i) 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 Principal District & Sessions Judge(PCR Court), Karur.

2.The Deputy Superintendent of Police, Kulithalai, 2/3

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

20.09.2021 MGJ(27.09.2021) 3P 5C 3/3