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Madras High CourtCRL OP(MD)/13737/2020disposed of

Ganesan v. The Deputy Superintendent Of Police

2021-04-30Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN 1.Ganesan 2.Deepan @ Deepanraj 3.Mani @ Manikandan

...Petitioners/

Accused Nos.4 to 6 Vs.

1.The Deputy Superintendent of Police, Melur Police Station, (Circle), Madurai District.

2.The Inspector of Police, Melur Police Station, Madurai District.

(Crime No.2110/2020).

...1st and 2nd Respondents/ Complainant 3.Bhavani ...3rd Respondent/Defacto Complainant 4.Suryapandi ...4thRespondent/Victim Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to pass an order permitting the petitioners to surrender before the learned III Additional District Judge/PCR Court, Madurai in connection with Crime No.2110 of 2020 on the file of the respondent police and file an application for the grant of bail on the same day 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.Jegadeesh Pandian For Respondents 1 & 2 :Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

ORDER

The petitioners are the accused Nos.4 to 6 in Crime No.2110 of 2020 of Melur Police Station, Madurai District and the offences 1/3

alleged against the accused are under Sections 147, 294(b), 323 and 506(ii) of I.P.C., r/w Sections 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 1989 and Section 4 of TNPHW Act.

2.The present petition filed by the petitioners is to direct the learned III Additional District Judge/PCR Court, Madurai, to accept the surrender of the petitioners and also to consider the bail application on the same day.

3.Mr.K.Suyambulinga Bharathi, learned Government Advocate (crl.side) accepts notice for the respondents 1 and 2. The third respondent is the de-facto complainant and the fourth respondent is the victim.

4.Since the prayer itself is to accept the surrender of the petitioners and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned III Additional District Judge/PCR Court, Madurai, within a period of 15 days from the date of receipt of a copy of this order / uploading of the order.

2) On such surrender, concerned Judge, may consider the bail application filed by the petitioners on merits on the same day of surrender, after giving notice to the concerned Public Prosecutor and by complying of the Section 15(5) of the Act.

5.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (W) // 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 2/3

To:

1.The III Additional District Judge/PCR Court, Madurai.

2.The Deputy Superintendent of Police, Melur Police Station, (Circle), Madurai District.

3.The Inspector of Police, Melur Police Station, Madurai District.

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

30.04.2021 RP (27.05.2021) P 5C 3/3