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Madras High CourtCRL OP(MD)/17934/2021disposed of

Prakash v. The Deputy Superintendent Of Police

2021-11-19Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.17934 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.17934 of 2021 Prakash ... Petitioner/Sole Accused vs.

1.The Deputy Superintendent of Police, Pattukottai, Thanjavur District.

2.The Inspector of Police, Peravurani Police Station, Thanjavur District.

(Crime No.785 of 2021) ...1st & 2nd Respondents/Complainants 3.Nagarajan ...3rd Respondent/Defacto Complainant/ Victim PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to direct the learned I-Additional District and Session Court (PCR Court), Thanjavur, to consider the bail application of the petitioner in Crime No.785 of 2021 on the file of the Inspector of Police, Peravurani Police Station, Thanjavur District/the second respondent herein and pass orders in accordance with law on the same day upon the petitioner's surrender.

For Petitioner : Mr.K.Sivabalan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor for R1 & R2

O R D E R

Heard the learned counsel for the petitioner 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 petitioner is figuring as sole accused in Crime No.785 of 2021 registered on the file of the second respondent for the offences under Sections 294(b), 323, 506(1) IPC r/w Sections 3(1) (r), 3(1)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (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 Cr.P.C., The petitioner undertakes to surrender before the jurisdictional Court on 29.11.2021. The petitioner's surrender shall be accepted by the jurisdictional Court and his petition for bail https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.17934 of 2021 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 29.11.2021. 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 29.11.2021.

(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 (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 Session Court (PCR Court), Thanjavur.

2.The Deputy Superintendent of Police, Pattukottai, Thanjavur District.

3.The Inspector of Police, Peravurani Police Station, Thanjavur District.

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

+1 CC to M/s.K. SIVABALAN, Advocate (SR-35369[F] dated 22/11/2021) Crl.O.P.(MD)No.17934 of 2021 19.11.2021 SR(CO) GC/SKN(22.11.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2