Madras High CourtCRL OP(MD)/8864/2021disposed of

K.Kuppusamy v. The Assistant Commissioner Of Police

2021-07-07Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN

1. K.Kuppusamy

2. K.Sivakamisundari ... Petitioners Vs.

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

2. The Inspector of Police, Palayamkottai Police Station, Tirunelveli City ... 1st and 2nd Respondents/ Complainants

3. Karuppasamy ... 3rd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned II Additional District and Sessions Judge cum PCR Court, Tirunelveli, Tirunelveli District to consider and dispose of the bail application to be filed by the petitioners on the same day of their surrender in connection with the case in Cr.No.202 of 2021 on the file of the second respondent. For Petitioner : Mr.R.Anand For R-1 and R-2 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

The petitioners are the first and second accused in Crime No.202 of 2021 on the file of Palayamkottai Police Station, Tirunelveli and the offences alleged against the accused are under Sections 294(b), 506(i) of IPC and Sections 3(1)(r), 3(1)(s), 3(2) (va) of SC/ST (Prevention of Atrocities) Act, 1989.

2. The present petition filed by the petitioners is to accept the surrender of the petitioners before the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli, in connection with the Crime No. 202 of 2021 on the file of the second Respondent police and to consider the bail application filed by the petitioners on the same day.

3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor (Crl. Side) accepts notice for the respondents 1 and 2. The third 1/3

respondent is the de-facto complainant.

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 (PCR Court), Tirunelveli, 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 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-I) // 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. To

1. The II Additional District and Sessions Judge cum PCR Court, Tirunelveli.

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

3. The Inspector of Police, Palayamkottai Police Station, Tirunelveli City 2/3

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

07.07.2021 PM(CO) KB(14.07.2021) 3P 5C 3/3