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Madras High CourtCRL OP(MD)/17034/2021disposed of

T. Karthi @ Karthkeyan v. The Deputy Superintendent Of Police

2021-11-02Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.T.Karthi @ Karthikeyan 2.B.Moorthi 3.Ilayaraja 4.K.Sabari @ Sabarinathan ... Petitioners/Accused 3,4,6,8 Vs.

1.The Deputy Superintendent of Police, Tanjavur District, Tanjavur.

2.The State Respresented by The Inspector of Police, Pandhanallur Police Station, Tanjavur District.

3.K.Kamaraj ... Respondents/Complainants PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the I Additional District cum and Sessions Judge (PCR Court), Thanjavur to consider the bail application of the petitioners on the same day on merits in the event of their surrender in connection with Crime No.902 of 2021 on the file of the respondent.

For Petitioners : Mr.K.S.Duraipandian For R-1 and R-2 : Mr.R.M.S.Sethuraman Additional Public Prosecutor

O R D E R

This petition has been filed to direct the learned I Additional District cum and Sessions Judge (PCR Court), Thanjavur, to accept the surrender of the petitioners and consider the bail applications on the date of surrender in connection with Crime No.902 of 2021 on the file of the second respondent Police.

2. The petitioners are arrayed as A3,A4,A6 and A8 in Crime No.902 of 2021 on the file of the second respondent for the offences punishable under Sections 147, 148, 294(b), 506(ii),427 1/3

of I.P.C r/w and Sections 3(1)(r), 3(1)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.

3. Mr.R.M.S.Sethuraman, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He would submit that the petitioners 1,2 and 4 have not involved in any previous case and none sustained injury in this case and the third petitioner is having one previous case.

4. Considering the facts and circumstances of the case, this Court is inclined to pass the following orders only to the petitioners 1,2 and 4 :- 1)The petitioners 1,2 and 4 shall appear before the I Additional District and Sessions Judge (PCR Court), Thanjavur, 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 applications filed by the petitioners 1,2 and 4 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 with regard to the petitioners 1,2 and 4. In respect of the third petitioner, this petition is dismissed. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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 Deputy Superintendent of Police, Tanjavur District, Tanjavur.

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2.The Inspector of Police, Pandhanallur Police Station, Tanjavur District.

Copy to 1.The I Additional District and Sessions Judge (PCR Court), Thanjavur.

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

02.11.2021 RK/JGB(15/11/2021) 3P 5C 3/3