Madras High CourtCRL OP(MD)/4033/2020disposed of

Lakshmanan v. The Deputy Superintendent Of Police

2020-03-04Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2020 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.Lakshmanan 2.Sakthi @ Sathiyendran 3.Jeyanthi ... Petitioners/Accused 1 to 3 Vs.

1.The Deputy Superintendent of Police, Melur, Madurai District.

... 1st Respondent/Investigation officer 2.State through the The Inspector of Police, Melur Police Station, Madurai District.

(Crime No.112 of 2020) ... 2nd Respondent/Complainant 3.Pandiammal ... 3rd Respondent/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned III Additional District and Sessions Judge (P.C.R. Court), Madurai to pass orders on the bail application of the petitioners/accused No.1 to 3 on the same day in Crime No.112 of 2020 pending on the file of the 2nd respondent police.

For Petitioners: Mr.R.Rajamohan For Respondents: Mr.A.Robinson Govt. Advocate (Crl. Side) for R1 & R2

O R D E R

Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2. Considering the relief to be granted, notice to the third respondent is dispensed with.

2.The learned counsel appearing for the petitioners seeks permission of this Court to withdraw this criminal original petition as regards the first petitioner. He also made an 1/3

endorsement to that effect.

3.Permission is granted. This criminal original petition is dismissed as withdrawn as regards the first petitioner. 4.The petitioners 2 and 3 are implicated in Crime No.112 of 2020 on the file of the second respondent for the offences under Sections 147, 148, 294(b), 323, 324 and 506(ii) of I.P.C., Section 4 of Tamilnadu Prohibition of Harassment of Women Act and Section 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act.

5.Considering the overall facts and circumstances of the case, I am of the view that it is a case in which the bail petition of the petitioners 2 and 3 should be disposed of on the same day of surrender. The petitioners 2 and 3 state that they will surrender before the Special Court on 13.03.2020. The petitioners 2 and 3 will also send private notice by Registered Post addressed to the third respondent about their proposal to surrender and apply for bail on the said date.

6.The learned counsel appearing for the petitioners 2 and 3 states that he would send notice today itself. The postal receipt or the returned cover shall be taken as sufficient service. The respondents 1 and 2 are also directed to intimate the third respondent about the petitioners' 2 and 3 proposal to surrender on 13.03.2020. The learned Special Judge is directed to dispose of the petitioners' 2 and 3 bail petition on the same day of surrender.

7.The criminal original petition is disposed of on these terms.

Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) ias To:

1.The III Additional District and Sessions Court (P.C.R. Court), Madurai.

2/3

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

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

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.R.RAJAMOHAN, Advocate ( SR-10051[F] dated 04/03/2020 ) kg(CO) TR(04.03.2020) 3P 6C 3/3