Madras High CourtCRL OP(MD)/17552/2021disposed of

Anbalagan @ Anbu v. The Deputy Superintendent Of Police

2021-11-15Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.Anbalagan @ Anbu 2.MariyaPilominraj @ MariyaPilomin Doss 3.Mariya Clinton @ Mariya Clinton Raj 4.Soosainathan @ Soosairaj 5.Rupan ... Petitioners/Accused Nos. 2,4,6,7&8 vs.

1.The Deputy Superintendent of Police, Tiruchirappalli, Tiruchirappalli District. ...1st Respondent/Investigating Officer 2.The Inspector of Police, Samayapuram Police Station, Samayapuram, Tiruchirappalli District.

(Crime No.449 of 2021) ...2nd Respondent/Complainant 3.Senthilkumar ...3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to direct the I-Additional District and Sessions Judge (PCR), Tiruchirappalli, Tiruchirappalli District, to consider the dispose of the bail application filed by the petitioners in Crime No.449 of 2021 on the file of the second respondent herein on the same day of their surrender.

For Petitioners : Mr.C.Suresh Kannan For Respondents : Mr.M.Veeranthiran Government Advocate for R1 & R2 No appearance for R3

O R D E R

The petitioners are figuring as accused in Crime No.449 of 2021 registered on the file of the second respondent for the offences under Sections 147, 148, 448, 294(b), 506(1) IPC read with Sections 3(l)(r), 3(l)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. The defacto complainant in the case is one Senthilkumar, S/o.Muthusamy.

3. When the matter was listed before this Court on 12.11.2021, Mr.Thirumurugan, learned counsel for the third respondent/defacto complainant sought short time to file counter. Hence, the case was adjourned to 15.11.2021.

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4. Today, when the matter was taken up for hearing, there was no representation on the side of the defacto complainant. No injury was caused in this case to the defacto complainant.

5. Taking note of the overall facts and circumstances, I am inclined to grant relief under Section 482 Cr.P.C. The Criminal Original Petition is disposed of with the following directions:- (a) The petitioners are directed to surrender before the Jurisdictional Court on 25.11.2021 and apply for regular bail. (b) The Jurisdictional Court is directed to accept the petitioners' surrender and dispose of bail applications to be filed by the petitioners on merits and in accordance with law on the same day of their surrender.

(c) The petitioners shall intimate the defacto complainant through registered post about the proposed date of surrender well in advance. The respondent police is also directed to intimate the defacto complainant about the proposed surrender. Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) csm/mga 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 I-Additional District and Sessions Judge (PCR), Tiruchirappalli, Tiruchirappalli District.

2.The Deputy Superintendent of Police, Tiruchirappalli, Tiruchirappalli District.

3.The Inspector of Police, Samayapuram Police Station, Samayapuram, Tiruchirappalli District.

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

+1 CC to M/s.C. SURESHKANNN, Advocate (SR-34529[F] dated 15/11/2021) 15.11.2021 RR(CO) GC/SKN(17.11.2021) 3P 6C 3/3