Madras High CourtCRL OP(MD)/18350/2021disposed of

Alaguramachandran v. The Deputy Superintendent Of Police

2021-12-06Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

1. Alaguramachandran

2. Periasamy

3. Alaguraja ... Petitioners/Accused 1,4 & 6 Vs.

1. State rep. By, The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

... Respondent/Investigation Officer

2. The Inspector of Police, Palayanoor police station, Sivagangai District.

(Crime No.72 of 2021) ... Respondent / Complainant

3. Murugan ... Respondent / Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to accept the surrender of the petitioners in Crime No.72 of 2021 pending on the file of the second respondent police by the Special Court for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Sivagangai and enlarge the petitioners on bail on the same day of surrender.

For Petitioners : Mr.P.Manimaran For R-1 & R-2 : Mr.M.Veeranthiran, Government Advocate.

O R D E R

Heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for respondents 1 and 2. Considering the nature of relief to be granted, notice to the third respondent/defacto complainant is dispensed with. 1/3

2.The petitioners are figuring as accused in Crime No.72 of 2021 registered on the file of the second respondent.

3. The petitioners have filed this criminal original petition seeking direction under Section 482 of Cr.P.C. so that their bail petitions can be considered by the Special Court on the same day of their surrender itself.

4. When the matter was taken up for hearing, I intimated that I can grant relief to petitioners 1 and 3, if the second respondent will surrender before the Court below. It is submitted that the second petitioner Periyasamy surrendered before the Court below on 04.12.2021 itself.

5. Petitioners 1 and 3 undertake to surrender before the jurisdictional Court on 13.12.2021. Considering the overall facts and circumstances, this criminal original petition is disposed of on the following directions:- "(a) Petitioners 1 and 3 shall surrender before the jurisdictional Court on 13.12.2021.

(b) The jurisdictional Court is directed to accept the said surrender and also dispose of the bail petition to be filed by petitioners 1 and 3 on the same day of surrender on merits and in accordance with law. (c) Petitioners 1 and 3 as well as the police authorities are directed to intimate the defacto complainant about the proposed surrender on 13.12.2021. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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 Special Judge for Exclusive Trial of Cases under SC/ST (POA) Act, 1989, Sivagangai.

2/3

2. The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3. The Inspector of Police, Palayanoor police station, Sivagangai District.

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

+1 CC to M/s.P.MANIMARAN, Advocate ( SR-37508[F] dated 06/12/2021 ) 06.12.2021 MGJ(08.12.2021) 3P 6C 3/3