Madras High CourtCRL OP(MD)/9102/2021disposed of

Abilash v. The Deputy Superintendent Of Police

2021-07-09Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN

1. Abilash

2. Ragupathy

3. Rajakumar

4. Ajithkumar

5. Thanesh

6. Suresh ... Petitioners/Accused No.2,5 to 9 Vs.

1. The Deputy Superintendent of Police, Nanguneri Circle, Tirunelveli District.

2. State Rep. through The Sub Inspector of Police, Thirukkurungudi Police Station, Tirunelveli District.

(Crime No.140 of 2021) ...1st and 2nd Respondent/Complainant

3. Mani Mekala

4. Christy

5. Nandhini

6. Ranjitha

7. Anjali

8. Jersha

9. Ajay

10. Pradhap

11. Chinnadurai

12. Jansi Mary ... Respondents 3 to 12/Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the II Additional District and Sessions Court (Special Court for SC/ST (POA) Act cases), Tirunelveli, to consider the petitioners' bail application on the date of their surrender in respect of Crime No.140 of 2021 on the file of the second respondent Police and to grant the same on the very same day. For Petitioners : Mr.P.R.Prithviraj For R-1 and R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/3

O R D E R

The petitioners are accused in Crime No. 140 of 2021 on the file of Thirukkurungudi Police Station, Tirunelveli District and the offences alleged against the accused are under Sections 147, 148, 294(b), (*)341, 323, 324, 427, 506(ii) of IPC, Section 4 of Tamilnadu Prohibition of Harassment of Women Act r/w. Section 3(1) (r), 3(1)(s), 3(2)(va) of SC/ST (POA) Amendment Act, 2015.

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 (Special Court for SC/ST (POA) Act cases), Tirunelveli, in connection with the Crime No. 140 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.

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 (Special Court for SC/ST (POA) Act cases), 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-II) (*) Amended as per Order dated 29.07.2021 Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy 2/3

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 be substituted the Order already despatched on 19.07.2021 To

1. The II Additional District & Sessions Judge Special Court SC &ST (POA) Act, Tirunelveli.

2. The Deputy Superintendent of Police, Nanguneri Circle, Tirunelveli District.

3. The Sub Inspector of Police, Thirukkurungudi Police Station, Tirunelveli District.

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

09.07.2021 CN(16.07.2021) 3P 5C SAR(CO) LR (10.08.2021) 3P 5C 3/3