Madras High CourtCRL OP(MD)/1082/2021disposed of

Sathyamoorthy v. The Deputy Superintendent Of Police

2021-01-27Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA 1.Sathyamoorthy 2.Palanisamy @ Munees 3.Puviyarasan

...Petitioners/Accused No1 to 3

Vs.

1.The Deputy Superintendant of Police, Thiruchuli, Virudhunagar District.

2.The State Rep. by The Inspector of Police, Narikudi Police Station, Virudhunagar District.

Crime No.232 of 2020 ...Respondents/Complainants 3.Muniyandi ... Respondents/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, to direct the learned Principal and District Sessions Judge (PCR Court) Srivilliputhur, Virudhunagar District, to consider the bail application of the petitioners on the same day on merits in the event of their surrender in Crime No.232 of 2020 on the file of the second respondent.

For Petitioner : M/s.A.S.Rajeswari For Respondents 1 & 2 : Mr.R.Erottuchamy Government Advocate (Criminal side)

ORDER

The petitioners are the accused 1 to 3 in Crime No.232 of 2020 of Narikudi Police Station, Virudhunagar District. The said case was registered against the accused under Sections 147, 148, 294 (b), 323, 324 of Indian Penal Code r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002 r/w Sections 3(1) (r), 3

(1) (s) and 3(2)(va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015. 2.The present petition filed by the petitioners is to direct the learned Principal and District Sessions Judge (PCR Court) Srivilliputhur, Virudhunagar District, to accept the surrender of the petitioners and 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 1/3

respondent is the de-facto complainant.

4.Since the prayer itself is to accept the surrender of the petitioners and to consider the bail application by the learned Principal and District Sessions Judge (PCR Court) Srivilliputhur, Virudhunagar District, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned Principal and District Sessions Judge (PCR Court) Srivilliputhur, Virudhunagar District, 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, learned Principal and District Sessions Judge (PCR Court) Srivilliputhur, Virudhunagar District, 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_I) // True Copy // / /2021 Sub Assistant Registrar(CS) sji 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 Principal and District Sessions Judge (PCR Court) Srivilliputhur, Virudhunagar District.

2.The Deputy Superintendant of Police, Thiruchuli, Virudhunagar District.

3.The Inspector of Police, Narikudi Police Station, Virudhunagar District.

2/3

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

+1 CC to M/s.A.S.RAJESWARI, Advocate ( SR-2251[F] dated 27/01/2021 ) 27.01.2021 MJ(CO) KB(08.02.2021) 3P 6C 3/3