Madras High CourtCRL OP(MD)/16614/2021disposed of

Saravanan v. The Deputy Superintendent Of Police

2021-10-28Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Saravanan ... Petitioner/Sole Accused Vs.

1.The Deputy Superintendent of Police, Pudukottai, 2.State:

Rep. The Inspector of Police, Gandarvakkottai Police Station, (Crime No.643 of 2021) ... Respondents/Complainants 3.Vijayakumar ... 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, Pudukottai to accept the surrender of the petitioner and consider his bail application on the same day on merit relating to Crime No.643 of 2021, dated 10.10.2021, on the file of the 2nd respondent police. For Petitioner : Mr.P.Vadivel For Respondents 1 & 2 : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition has been filed to direct the learned Additional District and Sessions Judge/Special Judge for PCR Court, Pudukottai, to accept the surrender of the petitioner and consider the bail application on the date of his surrender in connection with Crime No.643 of 2021 on the file of the 2nd respondent Police. 2.The petitioner is an accused in Crime No.643 of 2021 on the file of the 2nd respondent police for the offences punishable under Sections 294(b) of IPC, r/w Section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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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 only wordy quarrel has been arose between the parties.

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 Additional District and Sessions Judge/Special Judge for PCR Court, Pudukottai, 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.

7.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 Additional District and Sessions Judge/Special Judge for PCR Court,Pudukottai.

2.The Deputy Superintendent of Police, Pudukottai, 2/3

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

+1 CC to M/s.P.VADIVEL, Advocate ( SR-33267[F] dated 29/10/2021 ) 28.10.2021 MGJ/JGB(15.11.2021) 3P 6C 3/3