Madras High CourtCRL OP(MD)/17699/2022ordered

Silambarasan v. The Deputy Superintendent Of Police

2022-10-06Honourable Mrs Justice T.V.Thamilselvi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P (MD) No.17699 of 2022 Silambarasan

...Petitioner/4th Accused

1. The Deputy Superintendent of Police Lalgudi Sub-Division, Trichy District.

2.The Inspector of Police, Lalgudi Police Station, Trichy District.

(Crime No.338 of 2022) 3.Nanthakumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned I Additional District & Sessions Judge (PCR Court), Trichy to consider the petitioner's bail application on the same day of his surrender in Crime No.338 of 2022 on the file of the Lalgudi Police Station, Trichy District.

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For Petitioner : Mr.A.Mohammed Haneef For R1 & R2 : Mr.A.Albert James Government Advocate (Crl.Side)

O R D E R

The petitioner is the accused in Crime No.338 of 2022 on the file of Lalgudi Police Station, Trichy District, and the offences alleged against the accused are under Sections 147, 148, 448, 427, 294(b) and 506(ii) of IPC r/w 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989.

2. The present petition filed by the petitioners is to direct the I Additional District & Sessions Judge (PCR Court), Trichy, to accept the surrender of the petitioner and also to consider the bail application on the same day.

3. Mr.A.Albert James, learned Government Advocate (Crl. Side) accepts notice for the respondents 1 and 2. The third respondent is the defacto complainant.

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

1) The petitioner should appear before the I Additional District & Sessions Judge (PCR Court), Trichy, 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 petitioner 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.

06.10.2022 Internet:Yes/No Index:Yes/No Rmk 3/4

T.V.THAMILSELVI , J., Rmk To

1. The I Additional District & Sessions Judge (PCR Court), Trichy.

2. The Deputy Superintendent of Police Lalgudi Sub-Division, Trichy District.

3.The Inspector of Police, Lalgudi Police Station, Trichy District.

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

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