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Madras High CourtCRL OP(MD)/19338/2022allowed

Muthuraman v. The Deputy Superintendent Of Police

2022-11-08Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2022

CORAM

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

...Petitioner

Vs.

1.The Deputy Superintendent of Police, Devakottai Division, Sivagangai District.

2.The Inspector of Police, Velayuthapattinam Police Station, Sivagangai District.

(Crime No.36 of 2022) 3.Periyannan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Additional and Sessions Court for the Exclusive Trial of PCR Act Cases, Sivagangai, to accept the petitioner's surrender in connection with Crime No.36 of 2022 on the file of the second respondent and consider his bail application on the same day in accordance with law. For Petitioner : Mr.C.Senthil Murugan For R1 & R2 : Mr.R.Suresh Kumar Government Advocate (Crl.Side) 1/5

O R D E R

This Criminal Original Petition has been filed to direct the learned Additional District and Sessions Judge, Special Court for the Exclusive Trial of PCR Act Cases, Sivagangai, to accept the petitioner's surrender in connection with Crime No.36 of 2022 on the file of the second respondent and consider his bail application on the same day in accordance with law. 2.The learned Counsel for the Petitioner would submit that the Petitioner/A2 has involved in the offence under SC/ST (Prevention of Atrocities) Act. The Respondent police has registered the case against the Petitioner in Crime No.36 of 2022 for the offence punishable under Sections 341, 294(b), 323, 355, 427 & 506(i) IPC and Section 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 2015. Therefore, he seeks direction against the learned Additional District and Sessions Judge, Special Court for the Exclusive Trial of PCR Act Cases, Sivagangai, to consider the Petitioner's bail application on the date of his surrender and filed this Petition.

3. The learned Government Advocate (Crl.Side) submits that the Petitioner is arrayed as A2 and A1 was already arrested. He would further 2/5

submit that no previous case is pending against him and the injured has been discharged from the hospital.

4. Considering the submissions made by the learned Counsel for the Petitioner and the learned Government Advocate (Crl.side), this Criminal Original Petition is allowed. The Petitioner is directed to surrender before the learned Additional District and Sessions Judge, Special Court for the Exclusive Trial of PCR Act Cases, Sivagangai, 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.

08.11.2022 Index:Yes/No vsd 3/5

To 1.The Additional and Sessions Court for the Exclusive Trial of PCR Act Cases, Sivagangai. 2.The Deputy Superintendent of Police, Devakottai Division, Sivagangai District.

3.The Inspector of Police, Velayuthapattinam Police Station, Sivagangai District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

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