Madras High CourtCRL OP(MD)/9092/2021disposed of

Parthiban v. The Deputy Superintendent Of Police

2021-07-09Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.9092 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.9092 of 2021 Parthiban ... Petitioner/Accused No. 2 Vs.

1. The Deputy Superintendent of Police, Melur Taluk, Madurai.

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

(Crime No.46 of 2021)

3. Anbukkarasi ... Respondents/Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned III Additional District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai, to accept the surrender of the petitioner/accused and consider the petitioner's bail application and grant bail on the same date of surrender itself in Crime no.46 of 2021 on the file of the respondent Police. For Petitioner : Mr.T.Vadivelan For R-1 and R-2 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

The petitioner is the 2nd accused in Crime No.46 of 2021 on the file of Melavalavu Police Station, Madurai, and the offences alleged against the accused are under Sections 294(b), 323, 511, 506(ii) and Section 4 of Tamilnadu Prohibition Women Harassment Act and r/w. 3 (i)(r), 3(i)(s), 3(2)(va) of SC/ST Act 2015.

2. The present petition filed by the petitioner is to accept the surrender of the petitioner before the learned III Additional District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai, in connection with the Crime No.46 of 2021 on the file of the second Respondent police and to consider the bail application filed by the petitioner on the same day.

3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor (Crl. Side) accepts notice for the respondents 1 and 2. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9092 of 2021

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 III Additional District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Madurai, within a period of 15 days, from the date of receipt of a copy of this order; and

2) On such surrender, the Court concerned, 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 observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy 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.

1. The III Additional District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Madurai 2.The Deputy Superintendent of Police, Melur Taluk, Madurai.

3.The Inspector of Police, Melavalavu Police Station, Madurai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.9092 of 2021 09.07.2021 CM(CO) KB(14.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2