Muthammal v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R.THARANI

1. Muthammal

2. Puthiyavan @ Puthiyamuthu

3. Thadiveeran @ Kannan

...Petitioners/Accused No.2to4

Vs.

1.The Deputy Superintendent Of Police, Nanguneri, Tirunelveli District. ...1st Respondent 2.The Inspector of Police Moolaikaraipatti Police Station, Tirunelveli District.

Crime No. 268 of 2020. ...2nd Respondent/Complainant 3.Sornam ...3rd Respondent/ Defacto complainant Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the IInd Additional District Sessions Judge cum PCR Court, Tirunelveli to consider the petitioners bail application and dispose the bail application on the same day in Cr.No.268 of 2020 on the file of the second respondent.

For Petitioners : Mr.R.J.Karthick For Respondents 1 & 2 : Mr.R.Erottuchamy Government Advocate

ORDER

The Petitioners are the accused in Crime No.268 of 2020 of Moolaikaraipatti Police Station, Tirunelveli District. The said case was registered against the accused under Sections 294(b), 323, 506 (ii) I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and Sections 3(1) (r), 3(1) (s), 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act.

2.The present petition filed by the Petitioners is to direct the IInd Additional District Sessions Judge cum PCR Court, 1/3

Tirunelveli, 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, 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 IInd Additional District Sessions Judge cum PCR Court, Tirunelveli, this Court is inclined to pass the following orders :- (i) After giving notice to the concerned Public Prosecutor and the defacto complainant, the Petitioners should appear before the IInd Additional District Sessions Judge cum PCR Court, Tirunelveli, 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 () // True Copy // / /2021 Sub Assistant Registrar(CS) LS 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 II Additional District Sessions Judge cum PCR Court, Tirunelveli.

2/3

2.The Deputy Superintendent Of Police, Nanguneri, Tirunelveli District.

3.The Inspector of Police Moolaikaraipatti Police Station, Tirunelveli District.

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

+1 CC to Mr.R.J.KARTHICK, Advocate ( SR-9740[F] dated 09/03/2021 ) Order made in 09.03.2021 NA(CO) SRS (16/03/2021) 3P : 6C 3/3