Madras High Court
Kasi @ Kasirajan vs The Deputy Superintendent Of Police on 12 January, 2022
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
Crl.O.P.(MD)No.657 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:12.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P(MD)No.657 of 2022
Kasi @ Kasirajan ... Petitioner
Vs
1.The Deputy Superintendent of Police,
Puliyankudi,
Tenkasi District.
2.The Inspector of Police,
Sivagiri Police Station,
Sivagiri,
Tenkasi District.
3.Kakkerajan ... Respondents
PRAYER: Petition filed under Section 482 Code of Criminal
Procedure, to direct the 2nd Additional District and Sessions Court
(Special Court for Scheduled Caste and Scheduled Tribes
(Prevention of Atrocities) Act, 1989), Tirunelveli to accept the
surrender of the petitioner / accused and to consider the bail
application filed by the petitioner / accused and to grant bail to the
petitioner on the date of the surrender itself in Crime No.555 of
2021 on the file of the second respondent police.
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https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.657 of 2022
For Petitioner : Mr.P.Pethu Rajesh
For R1 & R2 : Mr.M.Sakthikumar
Government Advocate (crl.side)
ORDER
Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 and 2.
2. Considering the nature of relief to be granted, notice to the defacto complainant is dispensed with.
3. The petitioner is figuring as accused in Crime No.555 of 2021 registered on the file of the second respondent for the offences under Sections 147, 294(b), 341, 324 & 427 of IPC r/w Sections 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST Amendment Act, 2015.
4. After going through the contents of the FIR, I am of the view that it is a case fit for grant of relief under Section 482 of Cr.P.C., The petitioner undertakes to surrender before the jurisdictional Court on 25.01.2022. The petitioner's surrender shall be accepted by the jurisdictional Court and his petition for bail shall be disposed of on the same day. The petitioner's counsel gives an undertaking that the defacto complainant will be notified about the proposed surrender of the petitioner on 25.01.2022. Such an intimation will be sent through registered post by tomorrow itself. 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.657 of 2022 The respondents 1 and 2 are also directed to give notice of hearing to the third respondent.
5. This Criminal Original Petition is disposed of with the following directions:-
(1) the petitioner shall surrender before the jurisdictional Court on 25.01.2022.
(2) the jurisdictional Court shall accept the surrender and dispose of the petitioner's bail petition on the same day of surrender on merits and in accordance with law.
12.01.2022 Index:Yes/No Internet:Yes/No rmi Note: Issue Order Copy on 19.01.2022 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.
3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.657 of 2022 G.R.SWAMINATHAN, J.
rmi To
1.The 2nd Additional District and Sessions Court (Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989), Tirunelveli.
2.The Deputy Superintendent of Police, Puliyankudi, Tenkasi District.
3.The Inspector of Police, Sivagiri Police Station, Sivagiri, Tenkasi District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P(MD)No.657 of 2022
12.01.2022 4/4 https://www.mhc.tn.gov.in/judis