Madras High CourtCRL OP(MD)/21092/2021disposed of

Arjunan v. The Deputy Superintendent Of Police

2021-12-29Honourable Mrs Justice S.Ananthi (Retd.)2 pages

Crl.O.P.(MD)No.21092 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.12.2021

CORAM:

THE HONOURABLE MRS.JUSTICE S.ANANTHI Crl.O.P.(MD)No.21092 of 2021 1.Arjunan 2.Rajkumar 3.Rajamani : Petitioners/A2, A5 and A6 Vs.

1.State rep.by The Deputy Superintendent of Police, Manapparai, Trichy District.

2.The Inspector of Police, Valanadu Police Station, Trichy District.

Crime No.220 of 2021.

: Respondents/Complainants 3.Banumathi : 3rd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the learned I Additional District Judge (PCR), Trichy, Trichy District to accept the surrender of the petitioners and consider the bail application on merits on the date of their surrender in Crime No.220 of 2021 on the file of the second respondent police on the very same day.

For Petitioners : Mr.Pitchai Muthu,M.

For R-1 and R-2 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

O R D E R

The Criminal Original Petition has been filed to direct the learned I Additional District Judge (PCR), Trichy, Trichy District, to consider the petitioner's bail applications on the same day of their surrender in respect of Crime No.220 of 2021 on the file of the second respondent.

2. The petitioners are accused in Crime No.220 of 2021, on the file of the second respondent for the offences punishable under Sections 147, 294(b), 435 and 506(i) IPC r/w Section 3(1) (s), 3(1) (r), 3(2)(va) of SC/ST Act.

3.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor, who accepts notice for the respondents 1 and 2 would submit that no injury was sustained by any person. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.21092 of 2021

4. Considering the facts and circumstances of the case and also taking into consideration the submission of the learned Additional Public Prosecutor, this Court is inclined to allow the petition, as per the following conditions:- 1)The petitioners shall appear before the learned I Additional District Judge (PCR), Trichy, Trichy District, within a period of 15 days from the date of receipt of a copy of this order.

2)On such surrender along with notice served to the defacto complainant, the concerned Judge shall consider the bail application filed by the petitioners and pass orders on merits on the same day of their surrender, after hearing the defacto complainant by complying with Section 15(5) of the Act.

5. Accordingly, this Criminal Original Petition is allowed. Sd/- Vacation Officer/ Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) das 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 I Additional District Judge (PCR), Trichy, Trichy District 2.The Deputy Superintendent of Police, Manapparai, Trichy District.

3.The Inspector of Police, Valanadu Police Station,Trichy District.

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

Crl.O.P.(MD)No.21092 of 2021 29.12.2021 MGJ(30.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2