Ananya v. The Assistant Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R.THARANI 1.Ananya 2.Sunaina 3.Saima 4.Shinika 5.Murugatha @ Chithra 6.Charu 7.Kamali 8.Shanu Nafeez ... Petitioners/Accused Nos.1 to 8 Vs.

1.The State rep. by Assistant Commissioner of Police, Law and Order, Fort Police Station, Trichy. ...1st Respondent/Investigation Officer 2.The State rep., by Inspector of Police, Fort (l&O) Police Station, Trichy City.

(Crime No.1817/2020) ...2nd Respondent/Complainant 3.Sadhana ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C to direct the I Additional District and Sessions Judge, (Special Court for PCR Cases) Trichy to dispose the Bail application of the petitioners on the same day of their surrender before the above mentioned concerned Court in Crime NO.1817 of 2020 on the file of the first respondent.

For Petitioners : Mr. T.Senthilkumar For Respondents 1 & 2 : Mr.R.Erottuchamy Government Advocate

ORDER

The petitioners are the accused in Crime No.1817 of 2020 of Fort Police Station, Trichy District. The said case was registered against the accused under Sections 147, 294(b), 323, 325 and 506(ii) of IPC r/w 3(1)(r), 3(1)(s) and 3(2)(va) of Scheduled Caste & 1/3

Scheduled Tribes (Prevention of Atrocities) Amendment Act. 2.The present petition filed by the petitioners is to direct the I Additional District and Sessions Judge, (Special Court for PCR Cases) Trichy, 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), 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 I Additional District and Sessions Judge, (Special Court for PCR Cases) Trichy, this Court is inclined to pass the following orders :- (i) After giving notice to the concerned Public Prosecutor and the defacto complainant, the petitioner should appear before the I Additional District and Sessions Judge, (Special Court for PCR Cases) Trichy, within a period of 15 days from the date of receipt of a copy of this order / uploading of the order.

(ii) On such surrender, concerned Sessions Judge, may consider the bail application filed by the petitioners on merits, preferably on the same date.

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

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.

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To 1.The Ist Additional District and Sessions Judge(PCR), Trichy.

2.The Assistant Commissioner of Police, Law and Order, Fort Police Station, Trichy.

3.The Inspector of Police, Fort (l&O) Police Station, Trichy City.

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

11.02.2021 dks(CO) KK(23.02.2021) 3P 5C 3/3