Madras High CourtCRL OP(MD)/14738/2021disposed of

Jeyakodi v. The Deputy Superintendent Of Police

2021-09-30Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.14738 of 2021 Jeyakodi ... Petitioner / Accused No.2 Vs.

1.The Deputy Superintendent of Police, Sathankulam Taluk, Sathankulam 2.The Inspector of Police, Nazareth Police Station, Nazareth, Thoothukudi District.

(Crime No. 186 of 2021) 3.Kannan ... Respondents / Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Additional Sessions Court and Special Court for SC/ST (POA) cases (PCR Court), Thoothukudi, to accept the surrender of the petitioner/Accused and consider the petitioner's bail application and grant bail on date of surrender itself in Crime No.186 of 2021 on the file of the respondent police. For Petitioner : Mr.T.Vadivelan For R1 and R2 : Mr.R.M.S.Sethuraman Additional Public Prosecutor

ORDER

This petition has been filed to direct the Additional Sessions Court and Special Court for SC/ST (POA) cases (PCR Court), Thoothukudi, to accept the surrender of the petitioner and consider the bail application on the date of surrender in connection with Crime No.186 of 2021 on the file of the first respondent police.

2.The petitioner herein is the second accused in Crime No.186 of 2021 on the file of the second respondent police for the offences punishable under Sections 294(b), 323, 506(ii) of I.P.C r/w. Sections 3(i)(r), 3(i) (s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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3.Mr.R.M.S.Sethuraman, 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 petitioner shall appear before the Additional Sessions Court and Special Court for SC/ST (POA) cases (PCR Court), Thoothukudi, 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 his 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 (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) Ls Note : In view of the present lock down owing to COVID19 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 Sessions Court and Special Court for SC/ST (POA) cases(PCR Court), Thoothukudi.

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2.The Deputy Superintendent of Police, Sathankulam Taluk, Sathankulam 3.The Inspector of Police, Nazareth Police Station, Nazareth, Thoothukudi District.

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

Crl.O.P.(MD)No.14738 of 2021 30.09.2021 PS(CO) SB(08.10.2021) 3P 5C 3/3