Madras High CourtCRL OP(MD)/16675/2021disposed of

Deivalingam v. The Deputy Superintendent Of Police

2021-10-29Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Deivalingam ... Petitioner/ Accused No. rank not known Vs.

1.The Deputy Superintendent of Police, 2.State rep by the Inspector of Police, (Crime No.243 of 2021)

...Respondents 1 & 2/

Complainants 3.Prabhu

...Respondent No.3/Defacto

Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the III Additional District and Sessions Judge (PCR) at Madurai to consider the bail petition of the petitioner on the same day on his surrender in connection with Crime No.243 of 2021, on the file of the second respondent police. For Petitioner : Mr.T.Sivananthan For R1 & R2 : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

The petitioner apprehends arrest at the hands of the respondent police in Crime No.243 of 2021 of Thirumangalam Police Station, Madurai District and the offences alleged against the accused are under Sections147, 341, 323, 324 & 506(ii) IPC and Sections 3(1)(r), 3(1)(s) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 2.The present petition filed by the petitioner is to direct the learned Judge, III Additional District and Sessions Judge (PCR), Madurai to accept the surrender of the petitioner and also to consider the bail application on the same day. 1/3

3.Mr.RMS.Sethuraman, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2 and would submit that injured was discharged from the Hospital and no previous case is pending against the petitioner.

4.Since the prayer itself is to accept the surrender of the petitioner and consider the bail application and also considering the submission of the learned Additional Public Prosecutor (Crl.side), this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned Judge, III Additional District and Sessions Judge (PCR) at Madurai, within a period of 15 days from the date of receipt of a copy of this order / uploading of the order.

2) On such surrender, concerned Judge, may consider the bail application filed by the petitioner on merits on the same day of surrender, after giving notice to the concerned Public Prosecutor and 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) vrn 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 District and Sessions Judge for PCR Cases, Madurai, 2.The Deputy Superintendent of Police, 2/3

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

+1 CC to M/s.T.SIVANANTHAN, Advocate ( SR-33268[F] dated 29/10/2021 ) 29.10.2021 MGJ/PM(11.11.2021) 3P 6C 3/3