Madras High CourtCRL OP(MD)/5600/2021disposed of

Kalidass v. The Deputy Superintendent Of Police

2021-04-20Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Kalidass ... Petitioner Vs.

1.The Deputy Superintendent of Police, Ramanathapuram Sub Division, Ramanathapuram District.

2.The State, Rep. by the Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

(Crime No.122 of 2021) 3.Mathimalar ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Additional District and Sessions Judge (PCR Court) (Special Court for SC/ST POA trial Cases), Ramanathapuram to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No.122 of 2021, dated 08.04.2021. For Petitioner : Mr.D.Rameshkumar For Respondents 1 & 2 : Mr.R.Anandharaj Additional Public Prosecutor

ORDER

The petitioner is the sole accused in Crime No.122 of 2021 of Devipattinam Police Station, Ramanathapuram District and the offences alleged against the accused are under Sections 294(b), 354 and 506(1) of IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Sections 3(1)(s) and 3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 1989.

2.The present petition filed by the petitioner is to direct the learned Additional District and Sessions Judge (PCR Court) (Special Court for SC/ST POA trial Cases), Ramanathapuram, to accept the surrender of the petitioner and also to consider the bail application on the same day.

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3.Mr.R.Anandharaj, learned Government Additional Public Prosecutor accepts 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 petitioner and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned Additional District and Sessions Judge (PCR Court) (Special Court for SC/ST POA trial Cases), Ramanathapuram, 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, concerned Sessions Judge, may consider the bail application filed by the petitioner on merits on the same day of surrender, after giving notice to the concerned Public Prosecutor and by complying Section 15(5) of the Act.

5.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) sji 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.

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To 1.The Additional District and Sessions Judge (PCR Court) (Special Court for SC/ST POA Trial Cases), Ramanathapuram.

2.The Deputy Superintendent of Police, Ramanathapuram Sub Division, Ramanathapuram District.

3.The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

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

20.04.2021 CN(04.05.2021) 3P 5C 3/3