Madras High CourtCRL OP(MD)/4396/2021disposed of

Kaliyammal v. The Deputy Superintendent Of Police

2021-03-23Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.4396 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.4396 of 2021 1.Kaliyammal 2.Santhaanam @ Sandhanam 3.Arul @ Arulmani

...Petitioners

/Vs./ 1.The State rep., by The Deputy Superintendent of Police, Thirumangalam Sub Division, Madurai District.

2.The Inspector of Police, Perungudi Police Station, Madurai District.

(Crime No.35 of 2021) ...1st and 2nd respondent/Complainant 3.Amsavalli 4.Suresh ...3rd Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Special Court for Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 2015, Madurai, to consider the petitioners' bail application on the same day of their surrender in Crime No.35 of 2021 on the file of the second respondent police.

For Petitioners : Mr.R.Shankar Ganesh for M/s.Dictum Law Firm For Respondents 1 & 2 : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

The petitioners are the accused in Crime No.35 of 2021 of Perungudi Police Station, Madurai and the offences alleged against the accused are under Sections 147, 294(b), 323 and 506 (i) of the Indian Penal Code and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2. The present petition filed by the petitioners is to direct the learned III Additional District Judge (PCR Act Cases), Madurai, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4396 of 2021 the de-facto complainant.

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 learned III Additional District Judge (PCR Court), 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 concerned III Additional District Judge, 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 (CRL) // 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 III Additional District Judge (PCR), Madurai. 2.The Deputy Superintendent of Police, Thirumangalam Sub Division, Madurai District.

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

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

+1 CC to M/s.DICTUM LAW FIRM, Advocate ( SR-13120[F] dated 23/03/2021 ) Crl.O.P.(MD)No.4396 of 2021 23.03.2021 SSS(CO) KB(31.03.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2