Madras High CourtCRL OP(MD)/2212/2021disposed of

P.Kavitha v. The Deputy Superintendent Of Police

2021-02-12Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA 1.P.Kavitha 2.Murali Kannan ... Petitioners Vs.

1.The State rep., by The Deputy Superintendent of Police, Samayanallur, Madurai District.

2.The State rep., by The Inspector of Police, Nagamalaipudukottai Police Station, Madurai District.

(In Crime No.18 of 2021) 3.Punitha @ Bhavaneswari ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Code of the Criminal Procedure to direct the learned 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.18 of 2021 on the file of the second respondent police.

For Petitioners : Mr.AK.Azagarsami For Respondents 1 & 2 : Mr.R.Erottuchamay Government Advocate (Criminal side)

ORDER

The petitioners are the accused 1 & 3 in Crime No.18 of 2021 of Nagamalaipudukottai Police Station, Madurai District and the offences alleged against the accused are under Sections 294(b), 323, 343 and 506(i) of Indian Penal Code and Section 4 of Tamil Nadu Prevention of Harassment of Women Act read with Sections 3(1) (r), 3(1)(s) and 3(2)(va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015. 1/3

2.The present petition filed by the petitioners is to direct the learned III Additional District 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, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the III Additional District Judge (PCR Act Cases), 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, the concerned Additional District 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 (CO) // 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 Judge (PCR Act Cases), Madurai.

2.The Deputy Superintendent of Police, Samayanallur, Madurai District.

3.The Inspector of Police, Nagamalaipudukottai Police Station, Madurai District.

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

12.02.2021 KM (26.02.2021) 3P 5C 3/3