Madras High CourtCRL OP(MD)/3335/2024disposed of

Arun v. The Assistant Commissioner Of Police

2024-03-04Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.3335 of 2024 Arun

...Petitioner

vs 1.The Assistant Commissioner of Police, Cantonment Range, Trichy City.

2.The Inspector of Police, AWPS - Centonment Police Station, Trichy City.

Crime No.21 of 2023 3.Ramana

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the learned I Additional District and Sessions Judge (Special Court for SC/ST Act Cases), Trichy, Trichy District to consider the Petitioner bail application in Crime No.21 of 2023 on the file of the 2nd Respondent Police on the same day of their surrender. For Petitioner : Mr.C.Suresh Kannan For R1 & R2 : Mr.M.Veeranthiran Government Advocate (Crl.side) 1/5

O R D E R

The learned Counsel for the Petitioner submits that the Petitioner had filed this Criminal Original Petition seeking direction against the learned I Additional District and Sessions Judge (Special Court for SC/ST Act Cases), Trichy, Trichy District, to consider the Petitioner's bail application on the same day of surrender in Crime No.21 of 2023 on the file of the 2nd Respondent.

2.The learned Government Advocate (Crl.side), on instructions of the Respondents 1 and 2, submits that the Petitioner is alleged to have been in relationship with the third Respondent's daughter. Under the pretext of promising to marry, he had indulged in sexual intercourse with her. Subsequently, she suffered abortion. Subsequent to the abortion, the Petitioner did not keep up his promise and marry the third Respondent's daughter, which forced her to give a complaint with the second Respondent, based on which a case in Crime No.21 of 2023 was registered for the offences under Sections 376(1), 313, 294(b). 506(i) and 109 IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, 1989. 2/5

3.Considering the submissions made by the learned Counsel for the Petitioner and the learned Government Advocate (Crl.side), this Criminal Original Petition is disposed of with the following conditions:- i) The Petitioner is directed to surrender before the learned I Additional District and Sessions Judge (Special Court for SC/ST Act Cases), Trichy, Trichy District, within 15 days from the date of receipt of a copy of this order or from the date of uploading the copy of this order in the official web-site of this Court.

ii) On such surrender by the Petitioner, the learned I Additional District and Sessions Judge (Special Court for SC/ST Act Cases), Trichy, Trichy District, shall consider the bail application of the Petitioner after issuing notice to the victim of crime/Complainant and hearing the objections of the victim of the crime and shall dispose of the bail application as per law.

Internet:Yes./No 04.03.2024 Index:Yes/No mm 3/5

To 1.The Assistant Commissioner of Police, Cantonment Range, Trichy City.

2.The Inspector of Police, AWPS - Centonment Police Station, Trichy City.

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

4/5

SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.3335 of 2024 04.03.2024 5/5