Madras High Court
Vairasamy vs State Represented By Its on 23 April, 2021
Author: G.Ilangovan
Bench: G.Ilangovan
Crl.O.P.(MD)No.5827 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.04.2021
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.5827 of 2021
1. Vairasamy
2. Mariselvam
3. Palanisamy ... Petitioners
Vs.
1. State represented by its
The Deputy Superintendent of Police,
Alankulam,
Thenkasi District.
2. The Inspector of Police,
Surandai Police Station,
Thenkasi District.
(In Crime No.169 of 2021)
3. Madathi ... Respondents
Prayer : Criminal Original Petition is filed under Section 482 of the Code
of Criminal Procedure, to direct the II Additional District and Sessions
Judge Cum Special Judge, P.C.R. Court, Thirunelveli to consider the bail
application of the Petitioners on the same day of their surrender before that
court in connection with Crime No.169 of 2021 on the file of the
Respondent.
For Petitioners : Mr.V.Selva
For Respondents : Mr.K.Suyambulinga Bharathi
Government Advocate (Crl.Side)
https://www.mhc.tn.gov.in/judis/ for R1 & R2.
1/4
Crl.O.P.(MD)No.5827 of 2021
ORDER
The petitioners are the accused 1 to 3 in Crime No.169 of 2021 of Surandai Police Station, Tenkasi District and the offences alleged against the accused are under Sections 294(b), 324, 506(ii) of I.P.C and 3(1) (r), 3(1) (s) and 3(2) (va) of SC & ST (Prevention of Atrocities) Amendment Act, 2015.
2.The present petition filed by the petitioners is to direct the learned II Additional District and Sessions Judge Cum Special Judge, P.C.R. Court, Thirunelveli, to accept the surrender of the petitioners and also to consider the bail application on the same day.
3.Mr.K.Suyambulinga Bharathi, learned Government Advocate (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 petitioner should appear before the learned II Additional District and Sessions Judge https://www.mhc.tn.gov.in/judis/ Cum Special Judge P.C.R Court, Thirunelveli, 2/4 Crl.O.P.(MD)No.5827 of 2021 within a period of 15 days from the date of receipt of a copy of this order / uploading of the order.
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.
23.04.2021 Index : Yes/No Internet:Yes/No kmm 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.
https://www.mhc.tn.gov.in/judis/ 3/4 Crl.O.P.(MD)No.5827 of 2021 G.ILANGOVAN, J., kmm To
1. The Deputy Superintendent of Police, State of Tamil Nadu, Alankulam, Thenkasi District.
2. The Inspector of Police, Surandai Police Station, Thenkasi District.
Crl.O.P.(MD)No.5827 of 202123.04.2021 https://www.mhc.tn.gov.in/judis/ 4/4