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Madras High CourtCRL OP(MD)/16314/2021disposed of

N.Packirisamy v. The Deputy Superitendent Of Police

2021-10-26Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.16314 of 2021 N.Packirisamy

...Petitioner/A-1

Vs.

1.The Deputy Superintendent of Police, DSP Office Papanasam, Thanjavur Distrct.

2.The Inspector of Police, Ammapettai Police Station, Thanjavur District.

(Crime No.891/2021) 3.P.Ramesh ... Respondents/Complainants PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned 1st Additional District and Sessions Judge Cum (PCR Court), Thanjavur to accept the surrender of the petitioner and to consider the petitioner bail petition on the same day in accordance with law of his surrender in connection with Crime No.891 of 2021 on the file of the Inspector of Police, Ammapettai Police Station, Thanjavur District.

For Petitioner : M/s.R.Paranjothy For R-1 and R-2 : Mr.RMS.Sethuraman Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to the 1st Additional District and Sessions Judge Cum (PCR Court), Thanjavur to accept the surrender of the petitioner and to consider the petitioner bail petition on the same day in accordance with law of his surrender in connection with Crime No.891 of 2021 on the file of the Inspector of Police, Ammapettai Police Station, Thanjavur District.

2.The petitioner is an accused in Crime No.891 of 2021 on the file of the 2nd respondent police for the offences punishable under Sections 147, 148, 294(b), 341, 324, 307 of IPC, r/w Section 3(1) (r), 3(1)(s) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 1/3

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 and there is no serious injury in this case and it is a case in counter case. 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 1st Additional District and Sessions Judge Cum (PCR Court), Thanjavur, 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 (AD-I) // 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 1.1st Additional District and Sessions Judge Cum (PCR Court), Thanjavur 2.The Deputy Superintendent of Police, DSP Office Papanasam, Thanjavur Distrct.

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3.The Inspector of Police, Ammapettai Police Station, Thanjavur District.

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

Crl.O.P.(MD)No.16314 of 2021 26.10.2021 TP(CO) KB(15.11.2021) 3P 5C 3/3