Madras High CourtCRL OP(MD)/14493/2021disposed of

Ramasamy v. The Deputy Superintendent Of Police

2021-09-28Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.14493 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.14493 of 2021 1.Ramasamy 2.Selvarani 3.Gurumoorthy ... Petitioners/Accused No.1 to 3 Vs.

1.The Deputy Superintendent of Police, Thiruvaiyaru Sub Division, Thanjavur District. ... 1st Respondent/Investigation officer 2.The Inspector of Police, Sengipatti Police Station, Thanjavur District.

(In Crime No.339/2021) ... 2nd Respondent/complainant 3.Thilagavathy ... 3rd Respondent/Defacto complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the I Additional District Judge (PCR), Thanjavur to accept the surrender of the petitioners and consider their bail application on the same day on merits relating to Crime No.339 of 2021 dated 09.08.2021 on the file of the second respondent police and thus render justice.

For Petitioner : Mr.C.Arulvadivel @ Sekar For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

O R D E R

This petition has been filed to direct the learned I Additional District Judge (PCR), Thanjavur, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No.339 of 2021 on the file of the 2nd respondent Police.

2.The petitioners are the accused in Crime No.339 of 2021 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323 of IPC, r/w Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.RMS.Sethuraman, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submitted that no previous case is pending against the petitioners and the injured https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14493 of 2021 person 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 I Additional District Judge (PCR), Thanjavur, 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 (A.D I) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 Ist Additional District Judge, (PCR Court), Thanjavur.

2.The Deputy Superintendent of Police, Thiruvaiyaru Sub Division, Thanjavur District.

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

Crl.O.P.(MD)No.14493 of 2021 28.09.2021 NSN(CO)/RS (18.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2