Keerthi @ Jeyaseela Sethupathi v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Keerthi @ Jeyaseela Sethupathi ... Petitioner/Accused No.1 Vs.

1.The Deputy Superintendent of Police, 2.The Inspector of Police, Paramakudi Town Police Station, (Crime No.407 of 2021) ... Respondents/Complainants 3.Dineshkannan ... 3rd Respondent/ Defacto Complainant/Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Court (PCR Act Cases) Ramanathapuram to consider the petitioner's bail application to be filed by the petitioner on the same on his surrender in connection with Crime No.407 of 2021 on the file of the second respondent police.

For Petitioner : Mr.D.S.Haroon Rasheed For R-1 and R-2 : Mr.RMS.Sethuraman Additional Public Prosecutor For R-3 : Mr.K.Pal Murugan

O R D E R

This petition has been filed to direct the learned Special Court (PCR Act Cases) Ramanathapuram, to accept the surrender of the petitioner and consider the bail application on the date of surrender in connection with Crime No.407 of 2021 on the file of the second respondent Police.

2.Earlier petition was dismissed on the ground that the petitioner was involved in the previous cases. Considering the bad antecedents on both occasions, the petitions came to be dismissed. It is third application on the ground that the defacto complainant, who is the third respondent, has come forward to make a compromise and the matter has been amicably settled between them. The third 1/3

respondent is also represented by Mr.K.Pal Murugan, learned counsel. This Court has considered the change of circumstances.

3. The petitioner is the accused No.1 in Crime No.407 of 2021 on the file of the second respondent for the offences punishable under Sections 294(b), 323, 324, 506(ii) of IPC and Section 3(l)(r), 3(l)(s) of SC/ST (POA) Act, 2015.

4. Mr.RMS.Sethuraman, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submits that the matter has been compromised between the parties.

5. 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 learned Special Court (PCR Act 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.

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

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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 (PCR Act Cases), Ramanathapuram 2.The Deputy Superintendent of Police, 2/3

3.The Inspector of Police, Paramakudi Town Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.D.S.HAROON RASHEED, Advocate ( SR-31591[F] dated 07/10/2021 ) 07.10.2021 RD/JC (29.10.2021) 3P 6C 3/3