Madras High CourtCRL OP(MD)/16105/2020disposed of

Senthil @ Senthilkumar v. The Deputy Superintendent Of Police

2020-12-30Honourable Mr Justice G.Ilangovan2 pages

WP(MD) No.16105 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.16105 of 2020 1.Senthil @ Senthil Kumar 2.Vijayan ... Petitioners/Accused No.1&2 Vs.

1.State represented by its The Deputy Superintendent of Police, Musiri, Trichy District.

2.The Inspector of Police, Uppiliyapuram Police Station, Uppiliyapuram, Trichy District.

(Crime No.1158/2020)

...Respondent Nos.1&2/Complainant

3.Palanisamy ...3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Judge-cum-PCR Court, Trichy, to consider the bail application of the petitioners on the same day of their surrender before that Court in connection with Crime No.1158 of 2020 on the file of second respondent. For Petitioners : Mr.K.Arunraj For R1 & R2 : Mr.R.Seenivasan Government Advocate

ORDER

The petitioners are the accused No.1 and 2 in Crime No.1158 of 2020, registered on the file of second respondent Police Station for the offences under Sections 294(b), 323 and 506(i) of the Indian Penal Code, 1860 along with Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2.The learned counsel appearing for the petitioners reiterated the contentions set out in the original petition. 3.The learned Government Advocate appearing for the 1st and 2nd respondents, on instructions, would submit that the petitioners are the accused 1 and 2 in this case. The injured person was discharged https://hcservices.ecourts.gov.in/hcservices/ 1/2

WP(MD) No.16105 of 2020 from the hospital. He would further submit that he has no objection for allowing this petition.

4.Heard the learned counsel for the petitioners and the learned Government Advocate appearing for the respondents 1 & 2. Since no adverse order is going to be passed, notice to the 3rd respondent is dispensed with.

5.I am of the view that interest of justice will be served by permitting the petitioners to surrender before the learned Principal District and Sessions Judge-cum-PCR Court, Trichy, within a period of eight weeks from the date of receipt of a copy of this order. The learned District Judge will dispose of the petitioners' bail petition on the same day of surrender on its own merits, after complying with Section 15A(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015. 6.This Criminal Original Petition is allowed on these terms.

Sd/- Vacation Officer // True Copy // / /2021 Sub Assistant Registrar(CS) SMN2/SRM 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 Principal District and Sessions Judge, PCR Court,Trichy. 2.The Deputy Superintendent of Police,Musiri,Trichy District. 3.The Inspector of Police, Uppiliyapuram Police Station, Uppiliyapuram,Trichy District.

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

Crl.O.P(MD)No.16105 of 2020 30.12.2020 (NS)CO AP(05/01/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2