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Madras High CourtCRL OP(MD)/17414/2021disposed of

Arunkumar v. The Deputy Superintendent Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.17414 of 2021 Arunkumar ... Petitioner/ Accused No.2 Vs 1.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Paramakudi Town Police Station, Paramakudi, Ramanathapuram District.

... Respondents 1 & 2/Complaiants (Crime No.407/2021) 3.Dineshkannan ... 3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Special Court (PCR Act Cases) Ramanathapuram to consider the bail application of the petitioners concerned Crime No.407 of 2021 on the file of the Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District / second respondent herein.

For Petitioner : Mr.K.Yasar Arafath 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 second accused in Crime No.407 of 2021 registered on the file of the second respondent for the offences under Sections 294(b), 323, 324, 506(ii) of IPC and Sections 3(1)(r), 3(1)(s) of the Scheduled Caste and Schedule Tribe (Prevention of Atrocities) Amendment Act, 2015. 4.The petitioner's counsel states that the injured has since been discharged.

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5. 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 petitioner undertakes to surrender before the jurisdictional Court on 22.11.2021. 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 22.11.2021. 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.

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

(1) the petitioner shall surrender before the jurisdictional Court on 22.11.2021.

(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(AS) // 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 Judge, Special Court (PCR Act Cases), Ramanathapuram. 2.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

3.The Inspector of Police, Paramakudi Town Police Station, Paramakudi, Ramanathapuram District.

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

Crl.O.P(MD)No.17414 of 2021 11.11.2021 TR/PM(12.11.2021) 3P 5C 3/3