Madras High CourtCRL OP(MD)/19794/2021disposed of

Nirmal v. The Deputy Superintendent Of Police

2021-12-14Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.19794 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19794 of 2021 Nirmal ... Petitioner/Accused No.7 Vs 1.State represented by its The Deputy Superintendent of Police, Kovilpatti Sub Division, Thoothukudi District.

2.The Inspector of Police, Nalattinpudur Police, Thoothukudi District.

(Crime No.399 of 2021) ..Respondents No. 1 and 2/ Complainant 3.Ramakrishnan .. 3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned PCR Court, Thoothukudi to consider the bail application of the petitioner on the same day of surrender in Crime No.399 of 2021 on the file of the second respondent police. For Petitioner : Mr.M.Prabu For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.side)

ORDER

Heard the learned counsel for the petitioner 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 petitioner is figuring as seventh accused in Crime No.399 of 2021 registered on the file of the second respondent for the offences under Sections 147, 294(b), 323 & 506(ii) of IPC r/w Sections 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST (POA) Act, 2015.

4. 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 petitioner undertakes to surrender before the jurisdictional Court on 23.12.2021. The petitioner's surrender shall be accepted by the jurisdictional Court and his petition for bail https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.19794 of 2021 shall be disposed of on the same day. The petitioner's counsel gives an undertaking that the defacto complainant will be notified about the proposed surrender of the petitioner on 23.12.2021. 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.

5. This Criminal Original Petition is disposed of with the following directions:-

(1) the petitioner shall surrender before the jurisdictional Court on 23.12.2021.

(2) the jurisdictional Court shall accept the surrender and dispose of the petitioner's bail petition on the same day of surrender on merits and in accordance with law. SD/- ASSISTANT REGISTRAR TRUE COPY 15.12.2021 SUB ASSISTANT REGISTRAR ( CS II ) 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 District and Sessions Judge, PCR Court, Thoothukudi.

2.The Deputy Superintendent of Police, Kovilpatti Sub Division, Thoothukudi District.

3.The Inspector of Police, Nalattinpudur Police, Thoothukudi District.

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

+1 CC TO MR. M.PRABHU, ADVOCATE SR: 38899 Crl.O.P(MD)No.19794 of 2021 14.12.2021 USK (15/12/2021)3P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/4