Madras High CourtCRL OP(MD)/977/2021disposed of

Meenakshi v. The Assistant Commissioner Of Police

2021-01-25Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.01.2021 PRESENT THE HONOURABLE MRS .JUSTICE R.HEMALATHA 1.Meenakshi 2.Pavinpandi ... Petitioners/Accused Nos.3&5 Vs 1.The Assistant Commissioner of Police, Tallakulam Circle, Madurai City.

2.The Inspector of Police, Sellur Police Station, Madurai.

(Crime No.2769 of 2020) ...1st & 2nd Respondents/ Complainant 3.Seethalakshmi ...3rd Respondent/Defacto Complainant 4.Priya 5.Marikannu ...4th & 5th Respondents/Victims Prayer: Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, to direct the Special Judge for Scheduled Caste and Scheduled Tribes/III Additional District and Sessions Judge (PCR Act cases), Madurai to consider the bail application of the petitioners on the same day of their surrender in Crime No.2769 of 2020 on the file of the second respondent police. For Petitioner : Mr.K.Sivabalan For R1 & R2 : Mr.R.Erottuchamy Government Advocate (Criminal side)

ORDER

The petitioners are the accused Nos.3 and 5 in Crime No.2769 of 2020 of Sellur Police Station, Madurai District. The said case was registered against the accused under Sections 147, 294(b), 323 and 324 of the Indian Penal Code r/w 3(1)(r) and 3(1)(s) of the Schedule 1/3

Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002.

2.The present petition filed by the petitioners is to direct the III Additional District and Sessions Judge (PCR Act Cases), 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 (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 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 III Additional District and Sessions Judge (PCR Act Cases) cum Special Court, 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-III) // 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.

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To 1.The III Additional District and Sessions Judge (PCR) cum Special Court for Trial of Cases SC/ST(POA)Act, Madurai.

2.The Assistant Commissioner of Police, Tallakulam Circle, Madurai City.

3.The Inspector of Police, Sellur Police Station, Madurai.

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

+1 CC to Mr.K.SIVABALAN, Advocate ( SR-1957[F] dated 25/01/2021 )

ORDER

IN 25.01.2021 KM (09.02.2021) 3P 6C 3/3