Madras High CourtCRL OP(MD)/3270/2021disposed of

Prabu v. The Superintendent Of Police

2021-03-03Honourable Mrs Justice S.Ananthi (Retd.)2 pages

Crl.O.P.(MD)No.3270 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R. HEMALATHA Crl.O.P.(MD)No.3270 of 2021 1.Prabu 2.Thangavelu @ Duraisamy 3.Pappathi

...Petitioners/Accused no 1 to 3

/Vs./ 1.The Superintendent of Police, Trichy, Trichy District.

2.The State represented by The Inspector of Police, Siruganur Police Station, Trichy District.

(Crime No.111 of 2021)

...Respondents No 1 & 2/Complainants

3.Azhageswari ...3rd Respondents/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned I Additional District and Sessions Judge (PCR Court), Trichy, to consider the petitioners' bail application on the same day of their surrender in Crime No.111 of 2021 on the file of the second respondent police. For Petitioners : Mr.S.T.Sasidharan Tamilkani For Respondents 1 & 2 : Mr.A.Robinson Government Advocate (Criminal Side)

ORDER

The petitioners are the accused Nos.1 to 3 in Crime No.111 of 2021 of Siruganur Police Station, Trichy and the offences alleged against the accused are under Sections 294(b), 323 and 506 (i) of the Indian Penal Code, Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Sections 3(1)(r), 3(1)(s) and 3(2) (va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 2015.

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

3. Mr.A.Robinson, learned Government Advocate (Criminal Side) accepts notice for the respondents 1 and 2. The third respondent is the de-facto complainant.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3270 of 2021

4. Since the prayer itself is to accept the surrender of the petitioners and to consider the bail application on the same day of surrender, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the I Additional District and Sessions Judge (PCR Court), Trichirapalli, 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 I Additional District and Sessions Judge (PCR Court), Trichirapalli, 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 (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 I Additional District Judge (PCR Court), Trichy. 2.The Superintendent of Police, Trichy, Trichy District. 3.The Inspector of Police, Siruganur Police Station, Trichy District.

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

+1 CC to M/s.S.T.SASIDHARAN TAMILKANI, Advocate ( SR-8516[F] dated 03/03/2021 ) Crl.O.P.(MD)No.3270 of 2021 03.03.2021 TP(CO) KB(18.03.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2