Madras High CourtCRL OP(MD)/18415/2022disposed of

Alagesan v. The Deputy Superintendent Of Police

2022-11-14Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Alagesan

...Petitioner

Vs.

1.The Deputy Superintendent of Police, Uthamapalayam, Theni District.

2.The State represented by The Inspector of Police, Rayappanpatti Police Station, Theni District.

(In Cr.No.207 of 2022) 3.Karuppaiah

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for PCR Act Cases, Theni, to accept the surrender and consider the bail petition to be filed by the Petitioner in Crime No.207 of 2022 on the file of the second Respondent Police on the same day on merits.

For Petitioner : Mr.AK.Azagarsami For R1 & R2 : Mr.A.Albert James Government Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition has been filed to direct the learned Special Judge, Special Court for PCR Act Cases, Theni, to accept the Petitioner's surrender in connection with Crime No.207 of 2022 on the file of the second respondent and consider his bail application on the same day on merits.

2.The Petitioner is the accused for the offences punishable under Sections 435 of IPC and Sections under Sections 435 of IPC and Sections 3(a), 4(a) of Explosives Substances Act, 1908 @ Sections 435, 34 of IPC and Sections 3(a), 4(a) of Explosives Substances Act, and Sections 3(2)(iii), 3(2)(va) of SC/ST (PoA) Amendment Act, 2015, in Crime No.207 of 2022, pending on the file of the second Respondent Police and apprehending arrest, he has filed the present Petition.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

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4. Considering the nature of offences alleged against the Petitioner, this Criminal Original Petition is allowed. The Petitioner is directed to surrender before the learned Special Judge, Special Court for PCR Act Cases, Theni, within a period of 15 days from the date of receipt of copy of this order or 15 days from the date of uploading the order copy on the website of this Court. The learned Judge shall consider the bail application of the Petitioner and dispose of the same as per law. The learned Special Judge, Special Court for PCR Act Cases, Theni, shall cause notice to the De-Facto Complainant regarding the bail application when the bail application is filed.

14.11.2022 Index:Yes/No vsd 3/4

SATHI KUMAR SUKUMARA KURUP , J.

vsd To 1.The Special Judge, Special Court for PCR Act Cases, Theni.

2.The Deputy Superintendent of Police, Uthamapalayam, Theni District.

3.The State represented by The Inspector of Police, Rayappanpatti Police Station, Theni District.

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

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