Madras High CourtCRL OP(MD)/22742/2022disposed of

Rengasamy v. The Deputy Superintendent Of Police

2022-12-22Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.22742 of 2022 Rengasamy ... Petitioner Vs.

1.State represented by The Deputy Superintendent of Police, Ponnamaravathy Division, Pudukkottai District.

2.The Inspector of Police, Namanasamuthiram Police Station, Pudukottai District.

3.Mayilvaganan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned Special Sessions Judge (PCR Act Cases), Pudukottai to consider the bail application of the petitioner on the same day of filling in Crime No.148 of 2022 on the file of the first respondent police Station.

For Petitioner : Mr.K.Navaneetharaja For R1 and R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/5

ORDER

The petitioner is the sole accused in Crime No.148 of 2022 on the file of the first respondent police, for the offences alleged against the accused is under Sections 294(b), 323 and 506(i) of IPC and sections 3(1)(r), 3(1)(s), 3(2) (va) of SC/ST (POA) Act, 1989.

2. The present petition filed by the petitioner seeking orders to direct the learned Special Sessions Judge (PCR Act Cases), Pudukottai, to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.148 of 2022 on the file of the first respondent police.

3. Mr.E.Antony Sahaya Prabhar, learned Additional Public Prosecutor (Crl. Side) accepts notice for the respondents 1 and 2. The third respondent is the defacto complainant.

4.The learned Additional Public Prosecutor appearing for the respondents 1 and 2 submitted that it is a case and counter case and no previous case is pending against the petitioner.

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5. Since the prayer itself is to accept the surrender of the petitioner and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned Special Sessions Judge (PCR Act Cases), Pudukottai, within a period of 15 days from the date of receipt of copy of this order, and

2) On such surrender, concerned Sessions Judge, may consider the bail application filed by the petitioner on merits on the same day of surrender, after giving notice to the concerned Public Prosecutor and by complying Section 15A(5) of the Act. It is needless to say that the Court below while disposing the bail petition shall look into the gravity of the offence, previous antecedents of the petitioner and pass orders.

With the above observation, this Criminal Original Petition is disposed of.

22.12.2022 Index:Yes/No Internet:Yes/No tta 3/5

To:

1.The Deputy Superintendent of Police, Ponnamaravathy Division, Pudukkottai District.

2.The Inspector of Police, Namanasamuthiram Police Station, Pudukottai District.

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G.ILANGOVAN. J.

tta Crl.O.P(MD)No.22742 of 2022 22.12.2022 5/5