Madras High CourtCRL OP(MD)/17370/2021disposed of

Jeyabarathan v. The Deputy Superintendent Of Police

2021-11-10Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.17370 of 2021 Jeyabarathan .. Petitioner/Accused No.5 Vs 1.The State, rep. by Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District. ..Respondent/Investigating Officer 2.The State rep. by Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District.

(Crime No.169 of 2021) .. Respondent/Complainant 3.Rajesh .. Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned Special Court for the exclusive trial of SC and ST cases (PCR) Court, Ramanathapuram, Ramanathapuram District to dispose the bail application filed by the petitioner on merits on the same day of his surrender before the above mentioned concerned Court in pending investigation in Crime(*) No.169 of 2021 on the file of the respondent police. For Petitioner : Mr.A.S.Vaigunth For R1 & R2 : Mr.M.Veeranthiran Government Advocate

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 and 2.

2. Considering the nature of relief to be granted, notice to the defacto complainant is dispensed with.

3. The petitioner is figuring as fifth accused in Crime(*) No.169 of 2021 registered on the file of the second respondent for the offences under Sections 147, 294(b), 323, 506(i) of IPC and Sections 3(i)(r), 3(1)(s) of SC/ST Amendment Act, 2016.

4. After going through the contents of the FIR, I am of the view that it is a case fit for grant of relief under Section 482 1/3

of Cr.P.C., The petitioner undertakes to surrender before the jurisdictional Court on(*) 29.11.2021. The petitioner's surrender shall be accepted by the jurisdictional Court and his petition for bail shall be disposed of on the same day. The petitioner's counsel gives an undertaking that the defacto complainant will be notified about the proposed surrender of the petitioner on (*) 29.11.2021. Such an intimation will be sent through registered post by tomorrow itself. The respondents 1 and 2 are also directed to give notice of hearing to the third respondent.

5. This Criminal Original Petition is disposed of with the following directions:-

(1) the petitioner shall surrender before the jurisdictional Court on (*)29.11.2021.

(2) the jurisdictional Court shall accept the surrender and dispose of the petitioner's bail petition on the same day of surrender on merits and in accordance with law. Sd/- Assistant Registrar (CS-III) (*) Corrected as per the order of this court dated 19.11.2021 by GRSJ Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi Note: In view of the present lock down owing to COVID19 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 (*)to be Substituted the Order already despatched on 11/11/2021 1.The Special Court for the exclusive trial of SC and ST cases (PCR) Court, Ramanathapuram, Ramanathapuram District. 2.The Deputy Superintendent of Police, Thiruvadanai,Ramanathapuram District.

3.The Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District.

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

Crl.O.P(MD)No.17370 of 2021 10.11.2021 NA(CO) KB(11.11.2021) 3P 5C RK (19.11.2021) 39 5C 3/3