Madras High CourtCRL OP(MD)/17436/2021disposed of

Samiyathal v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD)No.17436 of 2021 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.17436 of 2021 Samiyathal ... Petitioner/ Accused No.1 Vs 1.The State, by the Deputy Superintendent of Police, Oddanchatram Division, Dindigul District.

... 1st Respondent/ Investigating Officer 2.The Inspector of Police, Oddanchatram Police Station, Dindigul District.

... 2nd Respondent/ Complainant 3.Thangaraj ... 3rd Respondent/ Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Principal District & Sessions Judge (Special Court for PCR Cases), Dindigul to consider her bail application on the same day of her surrender in respect of Crime No.1161 of 2021 on the file of the second respondent, pending investigation. For Petitioner : Mr.D.Venkatesh 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 first accused in Crime No.1161 of 2021 registered on the file of the second respondent for the offences under Sections 427, 448 & 506(i) of IPC and Sections 3 (1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989.

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 petitioner undertakes to surrender before the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.17436 of 2021 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.

5. 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 Principal District & Sessions Judge (Special Court for PCR Cases), Dindigul.

2.The Deputy Superintendent of Police, Oddanchatram Division, Dindigul District.

3.The Inspector of Police, Oddanchatram Police Station, Dindigul District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.17436 of 2021 11.11.2021 RD/PM (12.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2