Madras High CourtCRL OP(MD)/17406/2021disposed of

Sathish v. The Assistant 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.17406 of 2021 1.Sathish 2.Vinoth 3.Dinesh 4.Jeyaprakash 5.Vivek @ Vivek Raja 6.Esakkimuthu ... Petitioners/Accused Nos.1 to 4, 6 & 7 Vs 1.The Assistant Superintendent of Police, Nanguneri Sub Division, Tirunelveli District.

2.The Inspector of Police, Eruvadi Police Station, Tirunelveli District.

(Crime No.285 of 2021) 3.Sridhar 4.Karthick ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second Additional District & Sessions Judge (PCR Court), Tirunelveli to consider the bail application of the petitioner on the same day of his surrender in Crime No.285 of 2021 on the file of the second respondent police. For Petitioners : Mr.R.Pon Karthikeyan For R1 & R2 : Mr.M.Veeranthiran Government Advocate

ORDER

Heard the learned counsel for the petitioners 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.

1/3

3. The petitioners are figuring as accused Nos.1 to 4, 6 & 7 in Crime No.285 of 2021 registered on the file of the second respondent for the offences under Sections 147, 294(b) & 323 of IPC and Section 3(1)(r) & 3(1)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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 of Cr.P.C., The petitioners undertake to surrender before the jurisdictional Court on 19.11.2021. The petitioners' surrender shall be accepted by the jurisdictional Court and their petition for bail shall be disposed of on the same day. The petitioners' counsel gives an undertaking that the defacto complainant will be notified about the proposed surrender of the petitioners on 19.11.2021. 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 petitioners shall surrender before the jurisdictional Court on 19.11.2021.

(2) the jurisdictional Court shall accept the surrender and dispose of the petitioners' bail petition on the same day of surrender on merits and in accordance with law. Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) Rmi 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 2nd Additional District & Sessions Judge (PCR Court), Tirunelveli.

2/3

2.The Assistant Superintendent of Police, Nanguneri Sub Division, Tirunelveli District.

3.The Inspector of Police, Eruvadi Police Station, Tirunelveli District.

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

+1 CC to M/s.R.PON KARTHIKEYAN, Advocate ( SR-33892[F] dated 10/11/2021 ) Crl.O.P(MD)No.17406 of 2021 10.11.2021 RK/JC(11/11/2021) 3P 6C 3/3