← Library
Madras High CourtCRL OP(MD)/16329/2021disposed of

Murugesan v. The Deputy Superintendent Of Police

2021-10-26Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.16329 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.16329 of 2021 Murugesan ... Petitioner / Sole Accused Vs.

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

..1st Respondent/Investigating Officer 2.The Inspector of Police, Thiruppachethi Police Station, Sivagangai District.

(Crime No.222 of 2021) ..2nd Respondent/Complainant 3.Mari ..3rd Respondents/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Sessions Judge and Special Court for P.C.R., Sivagangai, to accept the surrender of the petitioner in connection with the Crime No.222/2021, pending investigation on the file of the second respondent Police and to consider and pass orders in the bail application on the same day. For Petitioner : Mr.V.Kannan For R-1 & R-2 : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to the learned Sessions Judge and Special Court for P.C.R. cases, Sivagangai, to accept the surrender of the petitioner in connection with the Crime No.222/2021, pending investigation on the file of the second respondent Police and to consider and pass orders in the bail application on the same day.

2.

2.The petitioner is an accused in Crime No.222 of 2021 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 355 and 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, 2015.

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 no person has sustained any injury.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.16329 of 2021 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 Sessions Judge and Special Court for P.C.R. cases, 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 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.The Sessions Judge and Special Court for P.C.R. Cases, Sivagangai 2.The Deputy Superintendent of Police, Manamadurai Taluk, Sivagangai District.

3.The Inspector of Police, Thiruppachethi Police Station, Sivagangai District.

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

Crl.O.P.(MD)No.16329 of 2021 26.10.2021 SAR(CO) KB(15.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2