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Madras High CourtCRL OP(MD)/2564/2021disposed of

Eswari v. The Deputy Superintendent Of Police

2021-02-18Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.2564 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.2564 of 2021 1.Eswari 2.V.Kodiveeranan

...Petitioners

/Vs./

1. The Deputy Superintendant of Police, Usilampatii Sub Division, Madurai District.

2. The State through The Inspector of Police, Valanthur Police Station, Madurai District.

(Crime No.6 of 2021) 3.Thangavel

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the Learned Sessions Judge (PCR Court), Madurai, to consider the petitioners' bail application on the same day of his surrender in Crime No.6 of 2021 on the file of the second respondent police.

For Petitioners : Mr.K.R.Laxman For Respondents 1 & 2 : Mr.R.Erottuchamy Government Advocate

ORDER

The petitioners are the accused No.2 and 3 in Crime No.6 of 2021 of Valanthur Police Station, Madurai. The said case was registered against the accused under Sections 452, 294(b), 323, 427, 379, 506 (ii) and 109 of Indian Penal Code and Sections 3(1)(r) and 3(1)(s) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989.

2. The present petition filed by the petitioners is to direct the learned Learned Sessions Judge (PCR Court), Madurai, to accept the surrender of the petitioners and to consider the bail applications on the same day.

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Crl.O.P.(MD)No.2564 of 2021

3. Mr.S.Chandra Sekar, learned Additional Public Prosecutor 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 to consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned III Additional District Judge (PCR), 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 learned III Additional District Judge (PCR), Madurai, may consider the bail applications filed by the petitioners on merits, on the same day of their surrender, after giving notice to the concerned Public Prosecutor.

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

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) SM To 1.The III Additional District Judge (PCR), Madurai. 2.The Deputy Superintendant of Police, Usilampatii Sub Division, Madurai District.

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

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

+1 CC to Mr.K.R.LAXMAN, Advocate ( SR-6023[F] dated 18/02/2021 ) Order made in Crl.O.P.(MD)No.2564 of 2021 18.02.2021 SJ(CO) SRS (08/03/2021) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2