Nagalakshmi @ Nagalakshmi v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Nagalakshmi @ Nagarlakshmi 2.Nagarajan ... Petitioners/Accused No.1 and 2 Vs.

1.The Deputy Superintendent of Police, Samyanallur Circle, Madurai District.

2.The State Rep. by Inspector of Police, Allanganallur Police Station, Madurai District.

(in Crime No.288 of 2021) 3.Kannan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to pass an order permitting the petitioner to surrender before the learned III Additional District Judge, Special Court for PCR Act cases, Madurai in connection with Crime No.288 of 2021 on the file of the second respondent police and file an application for the grant of bail on the same day and in the event of filing the same, the said application may be directed to be considered on the same day on merits and in accordance with law forthwith. For Petitioner : Mr.M.Jegadeesh Pandian For R-1 and R-2 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

The petitioner is the Accused Nos.1 and 2 in Crime No.288 of 2021 on the file of Allanganallur Police Station, Madurai District and the offences alleged against the accused are under Sections 294 (b) and 506(ii) of IPC r/w Section 3(1)(r), 3(1)(s) and 3(1)(zc) of SC/ST (POA) Act, 2015 and 66E of Information Technology Act. 2.The present petition filed by the petitioners is to direct the learned III Additional District Judge, Special Court for PCR Act cases, Madurai, to accept the surrender of the petitioner and also to consider the bail application on the same day. 1/3

3.Mr.R.M.Anbunithi, learned Additional Public Prosecutor (Crl. Side), appearing for the respondents 1 and 2, on instructions, submitted that the second petitioner has been arrested and remanded to the judicial custody on 20.06.2021. Hence, the petition against the second petitioner may be dismissed.

4.Considering the facts and circumstances of the case, Since the prayer itself is to accept the surrender and consider the bail application, this Court is inclined to pass the following orders as against the first petitioner alone:-

1) The first petitioner should appear before the learned III Additional District Judge, Special Court for PCR Act cases, Madurai, 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 first 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. As regards the second petitioner since he was arrested and remanded to judicial custody, the petition by him stands dismissed and the Criminal Original Petition is disposed of as aginst the first petitioner.

Sd/- Assistant Registrar(CO) // True Copy // / /2021 Sub Assistant Registrar(CS) cp 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 III Additional District and Sessions Court, Madurai (PCR Court) 2/3

2.The Deputy Superintendent of Police, Samyanallur Circle, Madurai District.

3.The Inspector of Police, Allanganallur Police Station, Madurai District.

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

25.06.2021 KUN(CO) TR(07.07.2021) 3P 5C 3/3