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Madras High CourtCRL OP(MD)/6700/2021allowed

Poomalai v. The Deputy Superintendent Of Police

2021-05-12Honourable Mr Justice A.A.Nakkiran2 pages

Crl.O.P.(MD)No.6700 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.05.2021 CORAM :

THE HONOURABLE Mr. JUSTICE A.A.NAKKIRAN Crl.O.P.(MD)No.6700 of 2021 Poomalai

...Petitioner

Vs.

1.The Deputy Superintendent of Police, Devakottai, Sivagangai District.

2.The Inspector of Police, Thiruvegampet Police Station, Sivagangai District. (Crime No.52 of 2021)

3. Valarmathi

...Respondents

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the District and Sessions Court for Exclusive Trial of PCR Act cases, Sivagangai, to consider the bail application of the petitioner on the same day of her surrender in Crime No.52 of 2021 on the file of the second respondent police.

For Petitioner :Mr.S.Pakalavan For R1 & R2 :Mr.R.Srinivasan Government Advocate (criminal side)

ORDER

This Criminal Original Petition has been filed praying for a direction to the District and Sessions Court for Exclusive Trial of PCR Act cases, Sivagangai, to accept the surrender of the petitioner and also to consider the bail application and pass orders on merits on the same day.

2.The petitioner is the sole accused in Crime No.52 of 2021 on the file of the second respondent for the offences punishable under Sections 294(b), 323 of IPC and Sections 3(1) (r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3.Mr.R.Srinivasan, learned Government Advocate (criminal side) accepts notice for the respondents 1 and 2.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioner shall appear before the District and Sessions Court for Exclusive Trial of PCR Act cases, Sivagangai, within a period of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6700 of 2021 15 days from the date of receipt of a copy of this order / uploading of the order.

2)On such surrender along with notice served to the defacto complainant, the concerned Judge shall consider the bail application filed by the petitioner and pass orders on merits on the same day of her surrender, after hearing the defacto complainant by complying with Section 15-A of the Act.

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

Sd/- Vacation Officer // 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 District and Sessions Court for Exclusive Trial of PCR Act cases, Sivagangai. 2.The Deputy Superintendent of Police, Devakottai, Sivagangai District.

3.The Inspector of Police, Thiruvegampet Police Station, Sivagangai District.

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

Crl.O.P.(MD)No.6700 of 2021 12.05.2021 RP(24.05.2021) P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2