Madras High CourtCRL OP(MD)/15668/2021disposed of

Sudharsan v. The Inspector Of Police

2021-10-21Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.15668 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.15668 of 2021 1.Sudharsan 2.S.Ponmani ... Petitioners/Accused Vs.

1.The State, Rep. by Inspector of Police, Melur Police Station, Madurai District.

... 1st Respondent/Complainant (Cr.No.609 of 2021) 2.A.Kannaiah Prabhu ... 2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned III Additional Sessions Judge, Madurai (PCR Court) to consider and dispose the petitioner's bail application on merits on the same date of surrender connected in Cr.No.609 of 2021 on the file of the respondent police.

For Petitioner : Mr.K.Mahendran For Respondent No.1 : Mr.K.Sanjay Gandhi Government Advocate (Crl. Side)

ORDER

This petition has been filed to direct the learned III Additional Sessions Judge, Madurai (PCR Court), to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No.609 of 2021 on the file of the 1st respondent Police. 2.The petitioners are the accused in Crime No.609 of 2021 on the file of the 1st respondent police for the offences punishable under Sections 147, 148, 294(b), 324, 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) Amendment Act, 2015. 3.Mr.K.Sanjay Gandhi, learned Government Advocate (Crl. Side) accepts notice for the 1st respondent. He submitted that no https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15668 of 2021 previous case is pending against the petitioners and the injured person has been treated as out patient.

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 III Additional Sessions Judge (PCR Court), 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 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.

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

Sd/- Assistant Registrar (AS) // 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 Sessions Judge for PCR Court, Madurai. 2.The Inspector of Police, Melur Police Station, Madurai District.

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

+1CC to M/S.K.MAHENDRAN, Advocate, SR-7352, dated 25/10/2021 Crl.O.P.(MD)No.15668 of 2021 21.10.2021 RD/PM(23.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2