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Madras High CourtCRL OP(MD)/49/2021disposed of

Maheswaran v. The Assistant Commissioner Of Police

2021-01-06Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA 1.Maheswaran 2.Gnanagurumoorthi 3.Rajeshwari 4.Thangarajaguru 5.Gayathiri ... Petitioners/Accused 1 to 5 Vs.

1. The Assistant Commissioner of Police, Vilakuthoon Circle, Law and Order, Madurai City.

2. The Inspector of Police, Jaihindpuram Police Station, Madurai City.

(Crime No.1460 of 2020) ... Respondents/Complainants 3.Revathi ... 3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C to direct the Special Judge for SC/ST (Prevention of Atrocities) Act/ III Additional District and Sessions Judge (PCR Unit), Madurai to consider the bail application of the petitioner on the same day of his surrender in Crime No.1460 of 2020 on the file of the second respondent police.

For Petitioners : Mr.R.Pon Karthikeyan For Respondents 1 & 2 : Mr.R.Erottuchamay Government Advocate (Crl.side)

ORDER

The petitioners are the accused Nos.1 to 5 in Crime No.1460 of 2020 of Jaihindpuram Police Station, Madurai District. The said case was registered against the accused under Sections 147, 294(b) and 506 (ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and Section 3(1) (v) r/w 3(1) (s) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 1989.

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2.The present petition filed by the petitioners is to direct the Special Court for Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act/III Additional District and Sessions Judge (PCR Unit), Madurai, to accept the surrender of the petitioners and also to consider the bail application on the same day.

3.Mr.R.Erottuchamy, learned Government Advocate (Crl.side) takes 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 by the learned Sessions Judge, Madurai, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned Special Judge for SC/ST (Prevention of Atrocities) Act/ III Additional District and Sessions Judge (PCR Unit), Madurai, 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, after giving notice to the concerned Public Prosecutor.

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

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS- ) 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.

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To

1. The Special Judge for SC/ST (Prevention of Atrocities)Act / III Additional District and Sessions Judge (PCR Unit), Madurai.

2. The Assistant Commisioner of Police, Vilakuthoon Circle, Law and Order, Madurai City.

3. The Inspector of Police, Jaihindpuram Police Station, Madurai City.

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

+1 CC to M/s.R.PON KARTHIKEYAN, Advocate (SR-184[F] dated 06/01/2021) RMK TE : 18/01/2021 : 3P/6C 06.01.2021 3/3