Madras High CourtCRL OP(MD)/14503/2021disposed of

Thiyagu v. The Deputy Superintendent Of Police

2021-09-28Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.14503 of 2021 Thiyagu ... Petitioner/Accused (Rank Not Known) Vs.

1.The Deputy Superintendent of Police, Oomachikulam, Madurai District.

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

(In Crime No.504/2021) ... Respondent/complainant 3.Anandakumar ...3rd Respondent/Defacto complainant 4.Sathis Kumar ...4th Respondent/Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Learned III Additional District Sessions Judge (PCR Act cases), Madurai to consider the petitioner's bail application on the same day which would be filed by the petitioner in connection with the Crime No.504 of 2021 on the file of the second respondent police.

For Petitioner : Mr.S.Manickam For Respondents : Mr.R.M.S.Sethuraman Additional Public Prosecutor

O R D E R

This petition has been filed to direct the learned III Additional District Sessions Judge (PCR Act cases), Madurai, to accept the surrender of the petitioner and consider the bail application on the date of his surrender in connection with Crime No.504 of 2021 on the file of the 2nd respondent Police. 2.The petitioner is an accused in Crime No.504 of 2021 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 324 and 506(ii) 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.

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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 petitioner and the injured 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 petitioner shall appear before the learned III Additional District Sessions Judge (PCR Act cases), Madurai, 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 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(AE) // 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 III Additional District Sessions Judge (PCR Act cases), Madurai 2/3

2.The Deputy Superintendent of Police, Oomachikulam, Madurai District.

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

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

Crl.O.P.(MD)No.14503 of 2021 28.09.2021 NSM(CO) GC(12.10.2021) 3P 5C 3/3