Madras High CourtCRL OP(MD)/10007/2021disposed of

Sivakumar v. Deputy Superintendent Of Police

2021-07-27Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Sivakumar ... Petitioner/Accused No.4 Vs.

1.The State of Tamil Nadu represented by The Deputy Superintendent of Police, Nanguneri Circle, Tirunelveli District.

(Cr.No.140 of 2021) 2.The Inspector of Police, Thirukkurungudi Police Station, Tirunelveli District.

...Respondents 1 & 2/Complainants

3.Manimekala 4.Chirsty 5.Nandhini 6.Ranjitha 7.Anjali 8.Jersha 9.Ajay 10.Pradap 11.Chinnadurai 12.Jansi Mary

...Respondent Nos.3 to 12/

Defacto Complainants Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned II Additional District Judge (PCR Court), Tirunelveli to consider and pass orders on bail application to be filed by the petitioner in connection with Crime No.140 of 2021, pending on the file of Thirukkurungudi Police Station, on the same day.

For Petitioner : Mr.N.Syed Ali For R1 & R2 : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

The petitioner is the fourth accused in Crime No.140 of 2021 of Thirukkurungudi Police Station,Tirunelveli District and the 1/3

offences alleged against the accused are under Sections 147, 148, 294(b),341, 323, 324, 427, 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, and Section 3(1) (r), 3(1) (s) and 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 2.The present petition filed by the petitioner is to direct the learned II Additional District Judge (PCR Court), Tirunelveli to accept the surrender of the petitioner and also to consider the bail application on the same day.

3.Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2 and would submit that two injured persons were discharged from the Hospital and no previous case is pending against the petitioner.

4.Since the prayer itself is to accept the surrender of the petitioner and consider the bail application and also considering the submission of the learned Additional Public Prosecutor (Crl.side), this Court is inclined to pass the following orders :-

1) The petitioner should appear before the learned II Additional District Judge (PCR Court), Tirunelveli within a period of 15 days from the date of receipt of a copy of this order / uploading of the order.

2) On such surrender, concerned Judge, 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 complying with 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) vrn 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. 2/3

To 1.The II Additional District Judge (PCR Court), Tirunelveli 2.The Deputy Superintendent of Police, Nanguneri Circle, Tirunelveli District.

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

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

27.07.2021 CM(CO) KB(03.08.2021) 3P 5C 3/3