Madras High CourtCRL OP(MD)/16998/2021disposed of

Veeranan v. The Deputy Superintendent Of Police

2021-11-02Honourable Mr Justice V.Sivagnanam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Veeranan 2.Valliayappan 3.Mookaiya ... Petitioners/Accused Rank Not Known Vs.

1.State represented by its The Deputy Superintendent of Police, Oomatchikulam, 2.The Inspector of Police, Othakadai Police Station, (Crime no.378 of 2021) 3.M.Thavidan ... Respondents/Complainants PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned III Additional District Sessions Judge (PCR), Madurai to consider the bail application to be filed by the petitioners on the same day of its filing on their surrendering in connection with the case in Crime No.378 of 2017 on the file of the Inspector of Police, Othakadai Police Station, Madurai District. For Petitioners : Mr.S.Balaji 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 III Additional District Sessions Judge (PCR), Madurai , to accept the surrender of the petitioners and consider the bail applications on the date of surrender in connection with Crime No.378 of 2017 on the file of the second respondent Police.

2. The petitioners are arrayed as accused in Crime No.378 of 2017 on the file of the second respondent for the offences punishable under Sections 147, 148, 341, 294(b), 323, 324, 427, 307 of I.P.C and Sections 3(1)(r), 3(1)(s), 3(2)(va), 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) 1/3

Act,2015.

3. Mr.R.M.S.Sethuraman, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He would submit that the injured have been discharged from the hospital on 30.06.2017 itself. 4.Considering the facts and circumstances of the case and oldness of the occurrence, this Court is inclined to pass the following orders only to the petitioners :- 1)The petitioners shall appear before the learned III Additional District Sessions Judge (PCR), Madurai , 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 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. 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.III Additional District Sessions Judge (PCR), Madurai

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

3.The Inspector of Police, Othakadai Police Station, COPY TO:

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

02.11.2021 RD/PM (15.11.2021) 3P 5C 3/3