Madras High CourtCRL OP(MD)/6041/2021disposed of

Ayyappan v. The Deputy Superintendent Of Police

2021-04-28Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN

1. Ayyappan

2. Vishnu ... Petitioners/Accused No2&4 Vs.

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

2. The Inspector of Police, Musiri Police Station, (In Crime No.151 of 2021)...Respondent Nos.1&2/Complainant

3. Karthick ... RespondentNo.3/Defacto Complainant Prayer : Criminal Original Petition 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 and pass such further or other orders as this Court may deem fit and proper in the circumstance of the case. For Petitioner : Mr.T.Vadivelan For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The petitioners are the 2 & 4th accused 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 IPC and Section 4 of the Tamilnadu 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 P.C.R. Court, 1/3

Trichy, to accept the surrender of the petitioners and also to 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 P.C.R. 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 direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AE) // 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.

Kmm To

1. The Deputy Superintendent of Police, State of Tamilnadu, 2/3

2. The Inspector of Police, Musiri Police Station,

3. The Principal District and Session Judge, Cum PCR Court, Trichy.

4.The Adddinial Public Procecutor, Madurai Bench Of Madras High Court, Madurai.

28.04.2021 GS (21.05.2021) 3P 5C 3/3