Madras High CourtCRL OP(MD)/18956/2021disposed of

Kathiravan v. The Inspector Of Police

2021-12-02Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.Kathiravan 2.Muruganandham 3.Ranjan ... Petitioners/Accused Nos.1 to 3 Vs 1.State represented by its The Inspector of Police, Pappanadu Police Station, (In Crime No.927 of 2021) 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Orathanadu, Thanjavur District. ... Respondents 1 & 2/Complainants 3.Sathish ... 3rd Respondent/Defacto Complainant PRAYER:Petition filed under Section 482 Code of Criminal Procedure, to direct the first Additional District Judge (PCR), Thanjavur to consider and dispose of the bail application of the petitioners on merits in connection with the case in Crime No.927 of 2021 on the file of the Inspector of Police, Pappanadu Police Station, Thanjavur District on the same date of their surrender. For Petitioners : Mr.K.Pragadeesh Kumar For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.)

ORDER

Heard the learned counsel for the petitioners and the learned Government Advocate 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 petitioners are figuring as accused Nos.1 to 3 in Crime No.927 of 2021 registered on the file of the second respondent for the offences under Sections 294(b) & 323 of IPC r/w Sections 3(1)(r), 3(1)(s), 3(1)(b), 3(1)(d) & 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 1/3

4.The learned Government Advocate (Crl.) informs the Court that the victim is still in hospital. It is seen that simple injury was caused to the victim.

5.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 petitioners undertake to surrender before the jurisdictional Court on 13.12.2021. The petitioners' surrender shall be accepted by the jurisdictional Court and their petition for bail shall be disposed of on the same day. The petitioners' counsel gives an undertaking that the defacto complainant will be notified about the proposed surrender of the petitioners on 13.12.2021. 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. 6.This Criminal Original Petition is disposed of with the following directions:- (1)the petitioners shall surrender before the jurisdictional Court on 13.12.2021.

(2)the jurisdictional Court shall accept the surrender and dispose of the petitioners' bail petition on the same day of surrender on merits and in accordance with law. Sd/- Assistant Registrar (CRL) // 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 I Additional District Judge (PCR), Thanjavur.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Orathanadu, 2/3

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

+1 CC to M/s.K.PRAGADEESH KUMAR, Advocate ( SR-37277[F] dated 03/12/2021 ) Crl.O.P(MD)No.18956 of 2021 02.12.2021 RS (03.12.2021) 3P 6C 3/3