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Madras High CourtCRL OP(MD)/8231/2021disposed of

K. Murugan v. The Assistant Commissioner Of Police

2021-06-24Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.K.Murugan 2.K.Sudalaikumar ... Petitioners/ Accused No.1 & Unnamed Accused Vs.

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

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

(Crime No.1304 of 2020) ... Respondents 1 and 2/ Complainants 3.M.Arunachalam ... 3rd Respondent/ Defacto Complainant 4.Murugan ...4th Respondent/ Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned II Additional District and Sessions Judge, Tirunelveli to consider and dispose of the bail application to be filed by the petitioners on the same day of its filing on his surrender with the case in Crime No.1304 of 2020 on the file of the Inspector of Police, Palayamkottai Police Station, Tirunelveli City.

For Petitioners : Mr.A.Sivasubramanian For R-1 and R-2 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

The petitioners are the accused in Crime No.1304 of 2020 on the file of Palayamkottai Police Station, Tirunelveli City and the offences alleged against the accused are under Sections 341, 294 1/3

(b), 323 of IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (POA) Amendment Act, 2015.

2. The present petition filed by the petitioners is to direct the learned II Additional District and Sessions Judge, Tirunelveli, to consider and dispose of the bail application to be filed by the petitioners on the same day of its filing on his surrender with the case in Crime No.1304 of 2020 on the file of the Inspector of Police, Palayamkottai Police Station, Tirunelveli City.

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

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 II Additional District and Sessions Judge, Tirunelveli, within a period of 15 days, from the date of resumption of regular work in subordinate Courts; and

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-III) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

ssb Note : In view of the present lock down owing to COVID19 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 District and Sessions Judge, Tirunelveli.

2.The Assistant Commissioner of Police, Palayamkottai, Tirunelveli District.

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

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

24.06.2021 KM(01.07.2021) 3P 5C 3/3