Madras High CourtCRL OP(MD)/20456/2021disposed of

Nallakannu v. The Deputy Superintendent Of Police

2021-12-21Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.20456 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20456 of 2021 1.Nallakannu 2.Arun 3.Muthukumar ... Petitioners/ Accused Rank Not Known Vs.

1.The Deputy Superintendent of Police, Thoothukudi, Thoothukudi District.

2.The Inspector of Police, Sattankulam Police Station, Thoothukudi District.

(Crime No.330 of 2021) ... 1st Respondent/Complainant 3.Kanthasamy ... 2nd Respondent/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Special Judge for SC/ST (Prevention of Atrocities) Act, Additional District Judge No.II, Tirunelveli to consider the bail application of the petitioners on the same day of their surrender in Crime No.330 of 2021 on the file of the 2nd respondent.

For Petitioners : Mr.R.Pon Karthikeyan For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 & R2.

O R D E R

Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2. Considering the nature of relief to be granted, notice to the third respondent/defacto complainant is dispensed with.

2.The petitioners are figuring as accused in Crime No.330 of 2021 registered on the file of the second respondent. The petitioners undertake to surrender before the jurisdictional Court on 03.01.2022. Considering the overall facts and circumstances, this criminal original petition is disposed of on the following directions:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.20456 of 2021 "(a) The petitioners shall surrender before the jurisdictional Court on 03.01.2022.

(b) The jurisdictional Court is directed to accept the said surrender and also dispose of the bail petition to be filed by the petitioners on the same day of surrender on merits and in accordance with law. (c) The petitioners as well as the police authorities are directed to intimate the defacto complainant about the proposed surrender on 03.01.2022."

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) ias 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 Special Judge for SC/ST (Prevention of Atrocities) Act, II Additional District Court, Tirunelveli.

2.The Deputy Superintendent of Police, Thoothukudi, Thoothukudi District.

3.The Inspector of Police, Sattankulam Police Station, Thoothukudi District.

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

+1 CC to M/s.R.PONKARTHIKEYAN, Advocate (SR-40064[F] dated 22/12/2021 ) Crl.O.P(MD)No.20456 of 2021 21.12.2021 PS(CO) GC(31.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2