Madras High CourtCRL OP(MD)/16925/2021disposed of

Rajesh @ Rajesh Aathi Nathan v. The Deputy Superintendent Of Police

2021-11-01Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.16925 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.16925 of 2021 Rajesh @ Rajesh Aathi Nathan ... Petitioner/Sole Accused vs.

1.The Deputy Superintendent of Police, Thoothukudi District, Thoothukdi.

2.The State through the Inspector of Police, Srivaikundam Police Station, Thoothkudi District.

(Under Crime No.299 of 2021) ... 1st & 2nd Respondents/ Complainants 3.Lakshmana Perumal ... 3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Additional District and Sessions Court for the exclusive trial of PCR cases, Thoothukudi to consider the petitioner's bail application on the same day of arrest or upon his surrender under Crime No.299 of 2021, on the file of the respondent Police.

For Petitioner : Mr.K.R. Laxman For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition has been filed to direct the learned Additional District and Sessions Judge for the exclusive trial of PCR cases, Thoothukudi to consider the petitioner's bail application on the same day of arrest or upon his surrender under Crime No.299 of 2021, on the file of the respondent Police.

2. The petitioner is the sole accused Crime No.299 of 2021, on the file of the second respondent for the offences punishable under Sections 341, 294(b) and 323 IPC r/w. Section 3(1)(r) & 3(1) (s) of SC/ST (Prevention of Atrocities), Act 1989.

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. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.16925 of 2021

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 Additional District and Sessions Court for the exclusive trial of PCR cases, Thoothukudi, 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 (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) trp To 1.The Additional District and Sessions Court for the exclusive trial of PCR cases, Thoothukudi 2.The Deputy Superintendent of Police, Thoothukudi District, Thoothukdi.

3.The Inspector of Police, Srivaikundam Police Station, Thoothkudi District.

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

+1 CC to M/s.K.R.LAXMAN, Advocate ( SR-33503[F] dated 01/11/2021 ) Crl.O.P.(MD)No.16925 of 2021 01.11.2021 SMV(CO) GC(29.11.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2