Madras High CourtCRL OP(MD)/1337/2021disposed of

G.Prasanth v. The Sub Inspector Of Police

2021-02-03Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA G.Prasanth ... Petitioner/Accused No.2 Vs.

1. State by Sub Inspector of Police, Trichy District. ... Respondent 1 & 2/Complainant 2.The Deputy Superintendent of Police, 3.Sriram ... Respondent 3/Defacto Complainant 4.Pappa .... Respondent 4/Victim Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the I Additional District and Sessions Judge (PCR Act cases), Tiruchirappalli to consider the bail application of the petitioner on the same day of his surrender in Crime No.28 of 2021 on the file of the second respondent police. For Petitioner : Mr.T.Dhamodharan For Respondents 1 & 2 : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

The petitioner is the second accused in Crime No.28 of 2021 of Musiri Police Station, Trichy District. The said case was registered against the accused under Sections 147, 294(b), 323, 324 and 506(i) of Indian Penal Code read with Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Sections 3(1) (r) and 3(1)(s) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015. 2.The present petition filed by the petitioner is to direct the I Additional District Judge (PCR Act Cases), Trichy to accept the surrender of the petitioner and also to consider the bail application on the same day.

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3.Mr.A.Robinson, learned Government Advocate (Criminal 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 petitioner and consider the bail application on the same day of surrender, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned I Additional District Judge (PCR Act Cases), Trichy, 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, the concerned 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.

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

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

To 1.The I Additional District and Sessions Judge (PCR Act cases), Tiruchirappalli .

2.The Sub Inspector of Police, 2/3

3.The Deputy Superintendent of Police, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

03.02.2021 VB (18.02.2021) 3P 5C 3/3