Madras High CourtCRL OP(MD)/14434/2021disposed of

Muthukumar v. The Inspector Of Police

2021-09-27Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.14434 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.14434 of 2021 Muthukumar ... Petitioner .Vs.

1.The Inspector of Police, Thondi Police Station, Ramanathapuram District.

Cr.No.222/2021 ...1st Respondent/Complainant 2.The Deputy Superintendent of Police, Thiruvadanai Taluk, Ramanathapuram District.

...2nd Respondent/ Respondent 3.Karuppiah ...3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for SC and ST cases (PCR cases), Ramanathapuram to consider the surrender and Bail application filed by the petitioner in Crime No.222 of 2021 pending on the file of the respondent police.

For Petitioner : Mr.R.Gandhi For R1 and R2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.side)

ORDER

This petition has been filed to direct the Special Court for SC and ST cases (PCR cases), Ramanathapuram, to accept the surrender of the petitioner and consider the bail application on the date of surrender in connection with Crime No.222 of 2021 on the file of the respondent police.

2.The petitioner is the accused in Crime No.222 of 2021 on the file of the respondent police for the offences punishable under Sections 294(b), 341, 323, 506 (i) of I.P.C and Sections 3(1)(r), 3

(1) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.K.Sanjai Gandhi, learned Government Advocate (Crl.side) accepts notice for the respondents 1 and 2. He submitted that the petitioner is having no previous case.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14434 of 2021

1) The petitioner shall appear before the Special Court for SC and ST cases (PCR cases), Ramanathapuram, 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 petitioner 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 (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) Ls 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 Special Court for SC and ST cases (PCR cases), Ramanathapuram 2.The Inspector of Police, Thondi Police Station, Ramanathapuram District.

3.The Deputy Superintendent of Police, Thiruvadanai Taluk, Ramanathapuram District.

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

+1 CC to M/s.R.GANDHI, Advocate (SR-30385[F] dated 27/09/2021) Crl.O.P.(MD)No.14434 of 2021 27.09.2021 GC(05.10.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2