Madras High CourtCRL OP(MD)/17400/2021disposed of

Thirumoorthi v. The Deputy Superintendent Of Police

2021-11-10Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.17400 of 2021 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.17400 of 2021 1.Thirumoorthi 2.Yogesh 3.Sarathi @ Parthasarathi (*)4.Sivanpandi ... Petitioners/Accused Nos.2, 3, 5 & 6 Vs 1.The Deputy Superintendent of Police, Usilampatti, Madurai District.

2. The Inspector of Police, Elumalai Police Station, Madurai District.

(Crime No.258 of 2021) ... Respondent/Complainants 3.Seenivasan ... 3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned III Additional District Court for PCR Act Cases, Madurai to consider the bail application of the petitioners concerned in Crime No.258 of 2021 on the file of the second respondent police.

For Petitioners : Mr.A.Mithun Chakaravathi For R1 & R2 : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor 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 petitioners are figuring as accused Nos.2, 3,5 & 6 in Crime No.258 of 2021 registered on the file of the second respondent for the offences under Sections 147, 294(b) & 506(i) 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.17400 of 2021 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(CS-III) (*)Revised order as per order of this court dated 16.11.2021 // 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 (*) to be substituted the order already despatched on 11.11.2021 1.The III Additional District Court for PCR Act Cases, Madurai. 2.The Deputy Superintendent of Police, Usilampatti, Madurai District.

3. The Inspector of Police, Elumalai Police Station, Madurai District.

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

Crl.O.P(MD)No.17400 of 2021 10.11.2021 MGJ/JC(11.11.2021) 2P 5C TR/SKN(16.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2