Madras High CourtCRL OP(MD)/7743/2021disposed of

Muthumalai v. The Assistant Commissioner Of Police

2021-06-15Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.06.2021 CORAM :

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

1.The Assistant Commissioner of Police, Palayamkottai, Tirunelveli.

2.The Inspector of Police, Palayamkottai Police Station, Tirunelveli City.

(Crime No.207/2021) ... Respondents 1 & 2/Complainants 3.Bagavathi Selvi ... 3rd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the learned II Additional Sessions Judge (Special Court for PCR Cases), Tirunelveli to consider the petitioner's bail application on the same day of his surrender in Crime No.207 of 2021 on the file of the second respondent.

For Petitioner : Mr.T.Lenin Kumar For Respondents 1 & 2 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

The petitioner is the accused in Crime No.207 of 2021 of Palayamkottai Police Station, Tirunelveli City and the offences alleged against the accused are under Sections 294(b), 353 and 506 (i) of IPC r/w Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST [POA] Amendment Act, 1989 r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act.

2. The present petition filed by the petitioner is to direct the learned II Additional Sessions Judge (Special Court for PCR Cases), Tirunelveli, to accept the surrender of the petitioner and also to consider the bail application on the same day.

3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. The third respondent is the de-facto complainant.

1/3

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 II Additional Sessions Judge (Special Court for PCR Cases), Tirunelveli, 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 directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi 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 II Additional Sessions Judge (Special Court for PCR Cases), Tirunelveli 2.The Assistant Commissioner of Police, Palayamkottai, Tirunelveli.

3.The Inspector of Police, Palayamkottai Police Station, Tirunelveli City.

2/3

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

15.06.2021 mj(CO) TR(24.06.2021) 3P 5C 3/3