Madras High CourtCRL OP(MD)/15697/2021disposed of

Senthilkumar v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD)No.15697 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.15697 of 2021 1.Senthilkumar 2.Pandi 3.Muthu 4.Venugopal ... Petitioners/Accused Nos.1,3,2 & 4 Vs.

1.The Deputy Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

(Crime No.332 of 2021) ... 1st and 2nd Respondents/Complainants 3.Sundararaja Perumal ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Additional District and Sessions Judge/Special Judge for PCR Court, Sivagangai to accept the surrender of the petitioners and consider their bail application on the same day on merits relating to Crime No.332 of 2021.

For Petitioner : Mr.N.Madhava Govindan For Respondents : Mr.RM.Ambunithi 1 and 2 Additional Public Prosecutor

ORDER

This petition has been filed to direct the learned Additional District and Sessions Judge/Special Judge for PCR Court, Sivagangai, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No.332 of 2021 on the file of the 2nd respondent Police. 2.The petitioners are the accused Nos.1,3,2 & 4 in Crime No.332 of 2021 on the file of the 2nd respondent police for the offences punishable under Sections 147, 294(b), 323, 506(i) of IPC, r/w Section 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3.Mr.RM.Anbunithi, 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 person has been discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15697 of 2021 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 Additional District and Sessions Judge/Special Judge for PCR Court, Sivagangai, 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 (W) // 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 Additional District and Sessions Judge/ Special Judge for PCR Court, Sivagangai.

2.The Deputy Superintendent of Police, Sivagangai District, Sivagangai.

3.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District. COPY TO:- The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.N.MADHAVA GOVINDAN,Advocate, SR.No.7293 DATED:21.10.2021 Crl.O.P.(MD)No.15697 of 2021 21.10.2021 SRK(CO) GC/SKN(15.11.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2