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Madras High CourtCRL OP(MD)/20019/2021disposed of

Senthurpandi v. The Deputy Superintendent Of Police

2021-12-16Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20019 of 2021 Senthurpandi ... Petitioner/ Accused No.1 Vs 1.State thro.

The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

2.State thro.

The Inspector of Police, Keelarajakulraman Police Station, Rajapalayam Taluk, (Crime No.191/2021) ... Respondents /Complainants 3.Jeyakumar ...3rd Respondent / Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge (Special case for PCR), Srivilliputhur at Virudhunagar District to accept the surrender of the petitioner / first accused and consider their bail application on the same day in connection with Crime No.191 of 2021 on the file of the second respondent police.

For Petitioner : Mr.G.Mariappan For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.side)

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) 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 first accused in Crime No.191 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) of SC/ST Amendment Act, 2015.

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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 27.12.2021. The petitioner's surrender shall be accepted by the jurisdictional Court and his petition for bail 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 27.12.2021. 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 27.12.2021.

(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 (T AND P) // True Copy // 21/12/2021 Sub Assistant Registrar(CS II) 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 Principal District and Sessions Judge (Special case for PCR), Srivilliputhur at Virudhunagar District.

2. The Deputy Superintendent of Police, Rajapalayam, 2/4

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

+1CC TO MR. G.MARIAPPAN, ADVOCATE SR39182 USK 21/12/2021 3P/6C Crl.O.P(MD)No.20019 of 2021 16.12.2021 3/4