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[Cites 9, Cited by 0]

Madras High Court

Seenivasan @ Seenikumar vs The Deputy Superintendent Of Police on 27 April, 2021

Author: G.Ilangovan

Bench: G.Ilangovan

                                                                            Crl.O.P.(MD)No.5785 of 2021


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 27.04.2021

                                                      CORAM :

                                   THE HONOURABLE Mr. JUSTICE G.ILANGOVAN

                                              Crl.O.P.(MD)No.5785 of 2021

                     1. Seenivasan @ Seenikumar
                     2. Karthik @ Karthick
                     3. Siva Chellasamy @ Sivasubram Anian,
                     4. Ramasamy Ramasubbu @ Ramasamy
                     5. Seenikumar Vadivel @ Seeniku Mar,
                     6. Maruthu @ Maruthupandi                               ... Petitioners
                                                          Vs.

                     1.The Deputy Superintendent Of Police,
                       Sankarankovil, Tenkasi District.

                     2.The Inspector of Police,
                       Tiruvengadam Police Station,
                       Tenkasi District.
                       Cr.No. 100 of 2021.

                     3. Murugesan                                            ... Respondents

                     Prayer : Criminal Original Petition filed under Section 482 of the Code of
                     Criminal Procedure, to direct the Learned II-Additional District Sessions
                     Judge cum PCR Court, Tirunelveli to consider the petitioners bail
                     application and dispose the bail application on the same day,if the
                     petitioners surrender before the Learned II-Additional District Sessions
                     Judge cum PCR Court, Tirunelveli, in Crime No.100 of 2021 on the file of
                     the second respondent.
https://www.mhc.tn.gov.in/judis/


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                                                                                  Crl.O.P.(MD)No.5785 of 2021




                                     For Petitioners            : Mr.R.J.Karthick
                                     For Respondents 1 & 2      : Mr.K.Suyambulinga Bharathi
                                                                  Government Advocate (crl.side)

                                                           ORDER

The petitioners are accused Nos.1 to 6 in Crime No.100 of 2021 of Tiruvengadam Police Station, Tenkasi District and the offences alleged against the accused are under Sections 147, 341, 294(b), 323, 506 (i) of IPC r/w. Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2.The present petition filed by the petitioners is to direct the learned II-Additional District Sessions Judge cum PCR Court, Tirunelveli, 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 (criminal side) accepts notice for the respondents 1 and 2. The third respondent is the de-facto complainant.

https://www.mhc.tn.gov.in/judis/ 2/4 Crl.O.P.(MD)No.5785 of 2021

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 II-Additional District Sessions Judge cum PCR Court, Tirunelveli, 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.

27.04.2021 Index : Yes/No Internet:Yes/No Ls 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.5785 of 2021 G.ILANGOVAN, J., Ls To

1.The II-Additional District Sessions Judge cum PCR Court, Tirunelveli

2.The Deputy Superintendent Of Police, Sankarankovil, Tenkasi District.

3.The Inspector of Police, Tiruvengadam Police Station, Tenkasi District.

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

Crl.O.P.(MD)No.5785 of 2021

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