Madras High CourtCRL OP(MD)/17134/2022disposed of

A.Ramasamy @ Dass v. The Deputy Superintendent Of Police

2022-09-29Honourable Mr Justice G.Ilangovan6 pages

Crl.O.P.(MD)No.17134 of 2022 G.ILANGOVAN , J.

Today, this matter has been listed under the caption for 'clarification'

2.The learned counsel for the petitioner submitted that the name of the defacto complainant has been wrongly mentioned in the cause title of the affidavit filed in support of this petition, as Mathankumar, instead of Sudha W/o Mathankumar. He requests that the same may be corrected.

3.Considering the aforesaid request, the registry is directed to carry out necessary correction and issue revised order copy to the parties concerned.

30.09.2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2022 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.17134 of 2022 1.Ramasamy @ Dass 2.Mahalakshmi ... Petitioners/ Accused Nos.1 & 2 Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Manamadurai, Sivagangai District.

2.The Inspector of Police, Manamadurai Town Police Station, Sivagangai District.

(Crime No.291 of 2022) 3.Sudha w/o Mathankumar

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Sessions Judge, (PCR), Sivagangai District to accept the surrender and consider bail application of the petitioners on the same day of their surrender in Crime No.291 of 2022, Manamadurai Town Police Station, Sivagangai. For Petitioners : Mr.S.Ramsundarvijayaraj For Respondents 1 & 2 : Mr.R.Suresh Kumar

Government Advocate (Crl. Side)

ORDER

The petitioners are the accused Nos.1 and 2 in Crime No.291 of 2022 on the file of Manamadurai Police Station, Sivagangai District and the offences alleged against the accused are under Sections 294(b), 506(ii) of IPC and Section 3(1)(r) and 3(1)(s) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2. The present petition filed by the petitioners is to direct the learned Sessions Judge, (PCR), Sivagangai District, to accept the surrender of the petitioners and also to consider the bail application on the same day.

3. Mr.R.Suresh Kumar, learned Government Advocate (Crl. Side), who accepts notice for the respondents 1 and 2, submits that the petitioners are not having any previous case and no one has been injured. The third respondent is the de-facto complainant.

4. Since the prayer itself is to accept the surrender of the petitioners and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the Sessions Judge, (PCR), Sivagangai District, within a period of 15 days, from the date of uploading the order copy in the website of this Court and

2) On such surrender, concerned Sessions Judge, may consider the bail application filed by the petitioners on merits on the same day of surrender, after giving notice to the concerned Public Prosecutor and by complying Section 15(5) of the Act.

5. With the above observation, this Criminal Original Petition is disposed of.

29.09.2022 Index : Yes/No Internet:Yes/No To 1.The Sessions Judge, (PCR), Sivagangai District. 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3.The Inspector of Police, Manamadurai Town Police Station,

Sivagangai District.

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

G.ILANGOVAN, J., Crl.O.P.(MD)No.17134 of 2022 29.09.2022