Madras High CourtCRL OP(MD)/17980/2021disposed of

Siva v. The Assistant Commissioner Of Police

2021-11-18Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Siva ... Petitioner/Accused No.4 Vs 1.The Assistant Commissioner of Police, Thirupparamkundram Police Station (Circle), ..1st Respondent/Investigation Officer 2.The Inspector of Police, Thirunagar Police Station, (in Crime No.530 of 2021) ..2nd Respondent/Complainant 3.Alexpandi ..3rd Respondent/Defacto Complainant 4.Thangapandi ..4th Respondent/Injured PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to permit the petitioners to surrender before the learned III Additional District Judge / PCR Court, Madurai in connection with Crime No.530 of 2021 on the file of the respondent police and file and application for the grant of bail on the same day and in the event of filing the same, the said application may be directed to be considered on the same day on merits and in accordance with law forthwith.

For Petitioner : Mr.M.Jegadeesh Pandian For R1 & R2 : Mr.M.Sakthi Kumar Government Advcoate (Crl.)

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate(crl.) 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 fourth accused in Crime No.530 of 2021 registered on the file of the second respondent for the offences under Sections 341, 294(b), 323, 355, 325, 427 of IPC r/w Sections 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989. 1/3

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 jurisdictional Court on 30.11.2021. 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 30.11.2021. 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 30.11.2021.

(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 (Crl.Side) // 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 III Additional District Judge/PCR Court, Madurai.

2.The Assistant Commissioner of Police, Thirupparamkundram Police Station (Circle), 2/3

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

18.11.2021 KM(CO) GC/SKN(19.11.2021) 3P 5C 3/3