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[Cites 10, Cited by 0]

Madras High Court

Chithirai Perumal vs The Deputy Superintendant Of Police on 28 June, 2021

Author: G.Ilangovan

Bench: G.Ilangovan

                                                                          Crl.O.P.(MD)No.8400 of 2021



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 28.06.2021

                                                     CORAM:

                                   THE HONOURABLE MR.JUSTICE G.ILANGOVAN

                                           Crl.O.P.(MD)No.8400 of 2021

                     1.Chithirai Perumal
                     2.Dharamseelan
                     3.Harish
                     4.Dinesh
                     5.Kavi @ Kaviyarasu
                     6.Dhanush
                     7.Bavi @ Pavitharan
                     8.Kumaresan
                     9.Mugunthan
                     10.Muthupandi                                    ... Petitioners/
                                                         Accused No.1 and 2, 4 to 10 and 13


                                                         Vs.
                     1.The Deputy Superintendant of Police,
                       Melur Taluk,
                       Madurai District.

                     2.The Inspector of Police,
                       Keelavalavu Police Station,
                       Madurai District.
                       (In Crime No.197/2021)

                     3.Nehru                                             ... Respondents



https://www.mhc.tn.gov.in/judis/
                     1/5
                                                                             Crl.O.P.(MD)No.8400 of 2021



                     PRAYER : Criminal Original Petition is filed under Section 482 of
                     Cr.P.C, to direct the III Additional District and Sessions Judge, Special
                     Court for (PCR) Cases, Madurai to consider the bail application of the
                     petitioners on the same day of their surrender in Crime No.197 of 2021
                     dated 16.06.2021 on the file of the second respondent police.


                                     For Petitioners     : Mr.B.Santhanam Rajesh Kumar
                                     For R-1 and R-2     : Mr.R.M.Anbunidhi
                                                           Additional Public Prosecutor

                                                        ORDER

The petitioners are the Accused Nos. 1, 2, 4 to 10 and 13 in Crime No.197 of 2021 on the file of Keelavalavu Police Station, Madurai District and the offences alleged against the accused are under Sections 147, 148, 294(b), 323, 354, 506(2) of IPC and 3 of TNPPDL Act r/w Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Amendment Act, 2015.

2. The present petition filed by the petitioners is to direct the learned III Additional District and Sessions Judge, Special Court for (PCR) Cases, Madurai, to accept the surrender of the petitioners and also to consider the bail application on the same day.

3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor https://www.mhc.tn.gov.in/judis/ 2/5 Crl.O.P.(MD)No.8400 of 2021 (Crl. Side) accepts notice for the respondents 1 and 2. The third respondent is the de-facto complainant.

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

1) The petitioners should appear before the learned III Additional District and Sessions Judge, Special Court for (PCR) Cases, Madurai, within a period of 15 days, from the date of resumption of regular work in subordinate Courts; and
2) On such surrender, concerned Sessions Judge, may consider the bail application filed by the petitioners on merits on the same day of surrender, after giving notice to the concerned Public Prosecutor and by complying Section 15(5) of the Act.

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

28.06.2021 Index : Yes/No Internet : Yes/No ssb https://www.mhc.tn.gov.in/judis/ 3/5 Crl.O.P.(MD)No.8400 of 2021 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 learned III Additional District and Sessions Judge, Special Court for (PCR) Cases, Madurai.

2.The Deputy Superintendant of Police, Melur Taluk, Madurai District.

3.The Inspector of Police, Keelavalavu Police Station, Madurai District.

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

https://www.mhc.tn.gov.in/judis/ 4/5 Crl.O.P.(MD)No.8400 of 2021 G.ILANGOVAN. J.

ssb Crl.O.P.(MD)No.8400 of 2021 28.06.2021 https://www.mhc.tn.gov.in/judis/ 5/5