Madras High CourtCRL OP(MD)/508/2023dismissed

S.Eswaran v. The Deputy Superintendent Of Police

2023-01-09Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.S.Eswaran ... Petitioner Vs.

1.The Deputy Superintendent of Police, Theni Circle, Theni District.

2.The State rep.by The Inspector of Police, Theni All Women Police Station, Theni District.

Crime No.70 of 2022.

3.K.Prasudha ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the Special Court of SC/ST (POA) Act - Additional Sessions Judge, Theni to accept the surrender of the petitioner and consider his bail application and grant bail on the same day of surrender itself in connection with the Crime No.70 of 2022 on the file of the second respondent Police.

1/4

For Petitioner : Mr. A.Jeyaram, For Respondents : Mr.R.Sivakumar, Government Advocate (Criminal Side) for R1 & R2.

ORDER

This Criminal Original Petition filed, under Section 482 Cr.P.C., seeking orders to direct the Special Court of SC/ST (POA) Act - Additional Sessions Judge, Theni, to accept the surrender of the petitioner and consider his bail application and grant bail on the same day of surrender itself in connection with the Crime No.70 of 2022 on the file of the second respondent Police.

2. The learned Government Advocate (Criminal Side) appearing for the State would submit that the petitioner and the defacto complainant were in love and the petitioner by giving false promise to the defacto complainant, he had sexual intercourse with her. He would further submit that the victim was aged 15 years at the time of alleged occurrence.

2/4

4. Considering the facts and circumstances of the case and also taking note of the fact that the victim was aged 15 years at the time occurrence, this Court is not inclined to issue any directions at this point of time.

5. Accordingly, this Criminal Original Petition is dismissed. 09.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No das To 1.The Deputy Superintendent of Police, Theni Circle, Theni District.

2.The Inspector of Police, Theni All Women Police Station, Theni District.

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

3/4

K.MURALI SHANKAR,J.

das Order made in Dated: 09.01.2023 4/4