Madras High CourtCRL OP(MD)/19228/2022disposed of

Arun Karthick v. The Deputy Superintendent Of Police

2022-11-14Honourable Mr Justice Sathi Kumar Sukumara Kurup2 pages

CRL.O.P (MD) No.19228 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.19228 of 2022 Arun Karthick

...Petitioner

Vs.

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

2.The Inspector of Police, (*)Thenkarai Police Station, Periyakulam, Theni District.

3.Velmurugan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the (*)Principal District and Sessions Judge, cum Special court for SC/ST Act PCR cases Theni District, to accept the surrender of the Petitioner and consider the bail application on the same day in connection with Crime No.425 of 2022 on the file of the second Respondent Police.

For Petitioner : Mr.U.Antony Santhosh For R1 & R2 : Mr.A.Albert James Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the (*)Principal District and Sessions Judge, cum Special court for SC/ST Act PCR cases Theni District, to accept the Petitioner's surrender in connection with Crime No.425 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 147, 294(b), 323, 324, 506(I) of IPC and Sections 3 (1)(r), 3(1)(s) and 3(2)(va) of SC/ST (PoA) Amendment Act, 2015 in Crime No.425 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.

4. Considering the nature of offences alleged against the Petitioner, this Criminal Original Petition is allowed. The https://www.mhc.tn.gov.in/judis 1/2

CRL.O.P (MD) No.19228 of 2022 Petitioner is directed to surrender before the (*)Principal District and Sessions Judge, cum Special court for SC/ST Act PCR cases Theni District, 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 (*)Principal District and Sessions Judge, cum Special court for SC/ST Act PCR cases Theni District, shall cause notice to the De-Facto Complainant regarding the bail application when the bail application is filed. Sd/- Assistant Registrar (As) (*)Amended as per order of this Court dated 29/11/2022 made in Crl MP(MD)No.14766 of 2022 in Crl.O.P(MD)No.

19228 of 2022 Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd To (*)To be Substituted to the order which already despatched on 23.11.2022 1.Principal District and Sessions Judge cum Special court for SC/ST Act PCR cases,Theni District 2.The Deputy Superintendent of Police, Periyakulam, Theni District.

3.The Inspector of Police, (*)Thenkarai Police Station, Periyakulam, Theni District.

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

CRL.O.P (MD) No.19228 of 2022 14.11.2022 SS/23/11/2022/ 2P 5C MGJ(13.12.2022) 2P 5C https://www.mhc.tn.gov.in/judis 2/2