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Madras High CourtCRL OP(MD)/16747/2021disposed of

Karuppuraja 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 Karuppuraja ... Petitioner/Accused No.17 Vs.

1.The Deputy Superintendent of Police, Thanjavur Sub Division, Thanjavur.

... Respondent 1 /Respondent 2.The Inspector of Police, Kabisthalam Police Station, Thanjavur District.

(In Crime No.663 of 2021) ...2nd Respondent/ Complainant 3.Thiyagarajan ...3rd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the I Additional Sessions Court, (PCR), Thanjavur District to accept the surrender of the petitioner and to dispose of the bail application of the petitioner in connection with Crime No.663 of 2021 pending investigation on the file of the second respondent on merits on the same day.

For Petitioner : Mr.M.Navaneetha Krishnan For R-1 and R-2 : Mr.RMS.Sethuraman Additional Public Prosecutor

O R D E R

This petition has been filed to direct the I Additional Sessions Court, (PCR), Thanjavur District to accept the surrender of the petitioner and to dispose of the bail application of the petitioner in connection with Crime No.663 of 2021 pending investigation on the file of the second respondent on merits on the same day.

2. The petitioner is the 17th accused in Crime No.663 of 2021, on the file of the second respondent for the offences punishable under Sections 147, 148, 341, 294(b), 324, 336, 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Sections 3(i)(r), 3(i)(s) & 3(2)(v) of SC/ST (POA) Amendment Act 2015.

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

4. Considering the facts and circumstances of the case and also taking into consideration the submission of the learned Additional Public Prosecutor, this Court is inclined to allow the petition as per the following conditions:- 1)The petitioner shall appear before the learned I Additional Sessions Court, (PCR), Thanjavur District 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 his surrender, after hearing the defacto complainant by complying with Section 15(5) of the Act.

5. Accordingly, this Criminal Original Petition is allowed. 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 I Additional Sessions Court, (PCR), Thanjavur District 2.The Deputy Superintendent of Police, Thanjavur Sub Division, Thanjavur.

3.The Inspector of Police, Kabisthalam Police Station, 2/3

Thanjavur District.

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

+1 CC to M/s.M.NAVANEETHA KRISHNAN, Advocate ( SR-33403[F] dated 01/11/2021 ) 29.10.2021 TP(CO) KB(11.11.2021) 3P 6C 3/3