Madras High CourtCRL OP(MD)/15257/2021disposed of

Vengatesh v. The Deputy Superintendent Of Police

2021-10-06Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Vengatesh ... Petitioner/Sole Accused Vs 1.The Deputy Superintendent of Police, O/o the Deputy Superintendent of Police, Paramakudi Division, Ramanathapuram District.

2.The State represented through The Sub-Inspector of Police, Parthibanoor Police Station, Ramathapuram District.

(Crime No.191 of 2021) ... Respondents 1 & 2/Complainant 3.Kamatchi ... 3rd Respondent/Defacto complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Judge, District and Sessions Court for PCR Cases, Ramanathapuram to consider the petitioner's bail application on the date of his surrender in respect of Crime No.191 of 2021, on the file of the respondent police and grant the same on the very same day.

For Petitioner : Mr.P.R.Prithiviraj For R-1 and R-2 : Mr.RMS.Sethuraman Additional Public Prosecutor

O R D E R

This petition has been filed to direct the learned Judge, District and Sessions Court for PCR Cases, Ramanathapuram to consider the petitioner's bail application on the date of his surrender in respect of Crime No.191 of 2021, on the file of the respondent police and grant the same on the very same day. 2.The petitioner is the sole accused Crime No.191 of 2021, on the file of the second respondent for the offences punishable under Sections 294(b), 506(i) IPC r/w 3(1)(r) & 3(1)(s) of SC/ST (Prevention of Atrocities), Act 1989.

3.Mr.RMS.Sethuraman, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submits that no previous case is pending against the petitioner and it is a case and counter case.

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4.Considering the facts and circumstances of the case and also taking into consideration the submission of the learned Additional Public Prosecutor, this Court is inclined to allow the petition as per the following conditions:- 1)The petitioner shall appear before the learned Judge, District and Sessions Court for 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.Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar (A.D I) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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 Judge, District and Sessions Court for PCR Cases, Ramanathapuram 2.The Deputy Superintendent of Police, O/o the Deputy Superintendent of Police, Paramakudi Division, Ramanathapuram District.

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3.The Sub-Inspector of Police, Parthibanoor Police Station, Ramathapuram District.

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

06.10.2021 NSN(CO) RS/JGB (01.11.2021) 3P 5C 3/3