Madras High CourtCRL OP(MD)/5848/2021disposed of

Saravanan v. The Deputy Superintendent Of Police

2021-04-23Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2021 CORAM :

THE HONOURABLE Mr.JUSTICE G.ILANGOVAN

1. Saravanan

2. Sathiya @ Vaitheeswaran

3. Balamurugan

4. Vinoth @ Vinodhkumar ... Petitioners Vs.

1. State represented by its The Deputy Superintendent of Police, Musiri, Trichy District.

2. The Inspector of Police, Musiri Police Station, Musiri, Trichy District.

(Crime No.151 of 2021)

3. Karthick ... Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Principal District and Sessions Judge Cum P.C.R. Court, Trichy to consider the bail application of the Petitioners on the same day of their surrender before that Court in connection with Crime No.151 of 2021 on the file of the 2nd respondent.

For Petitioners : Mr.T.Vadivelan For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) for R1 & R2.

ORDER

The petitioners are the accused 1, 3, 5 & 6 in Crime No.151 of 2021 of Musiri Police Station, Musiri, Trichy District and the offences alleged against the accused are under Sections 147, 148, 294(b), 323, 324, 506(ii) and 354 of I.P.C., and Section 4 of Tamil Nadu Prohibition of Harassment of Women act, 2002 r/w. 3(1) (r), 3

(1) (s), 3(1) (w) (1) and 3 (2) (va) of SC/ST (POA) Act, 1989. 2.The present petition filed by the petitioners is to direct the learned Principal District and Sessions Judge Cum PCR Court, Trichy, to accept the surrender of the petitioners and also to 1/3

consider the bail application on the same day. 3.Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl. Side) 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 petitioners and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned Principal District and Sessions Judge Cum PCR Court, Trichy, 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 petitioners 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 (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm 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 Principal District and Sessions Judge Cum P.C.R. Court, Trichy

2. The Deputy Superintendent of Police, Musiri, Trichy District.

3. The Inspector of Police, Musiri Police Station, Musiri, Trichy District.

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

Crl.O.P.MD)No.5848 of 2021 23.04.2021 RK(26.05.2021) 3P 5C 3/3