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Madras High CourtCRL OP(MD)/9986/2021partly allowed

C.Sivanandi v. The 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 Crl.O.P.(MD)No.9986 of 2021 1.C.Sivanandi 2.S.Kavitha ... Petitioners/Accused 6 & 7 Vs.

1.The Deputy Superintendent of Police, Dindigul District, Dindigul.

2.State rep by The Inspector of Police, Vedasanthur Police Station, Dindigul District.

(Crime No.141 of 2021).

3.Mrs.K.Sumathi

...Respondents/Complainant

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Additional Sessions Judge, Sessions Court cum P.C.R.Court, Dindigul to consider the bail application on the same day on their surrender in connection with Crime No.141 of 2021, on the file of the respondent.

For Petitioners : Mr.A.Chandrakumar For R-1 and R-2 : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the learned Additional Sessions Judge, Sessions Court cum P.C.R.Court, Dindigul to consider the bail application on the same day on their surrender in connection with Crime No.141 of 2021, on the file of the respondent.

2. The petitioners are the accused Nos.6 & 7 in Crime No.141 of 2021, on the file of the second respondent for the offences punishable under Sections 294(b) & 506(ii) I.P.C and Section 3 of Tamilnadu Prohibition of Charging of Exorbitant Interest Act, 2003 r/w under Sections 3(i)(r) & 3(i)(s) of SC/ST (POA) Amendment Act 2015.

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3. Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submits that no previous case is pending against the petitioner and the second petitioner is having a similar case of this nature in Crime No.24 of 2021, on the file of the second respondent herein.

4. Considering the facts and circumstances of the case and also taking into consideration the submission of the learned Additional Public Prosecutor, this Court is inclined to allow the petition for the first petitioner alone as per the following conditions:- 1)The first petitioner shall appear before the learned learned Additional Sessions Judge, Sessions Court cum P.C.R.Court, Dindigul within a period of 15 days from the date of receipt of a copy of this order.

2)On such surrender along with notice served to the defacto complainant, the concerned Judge shall consider the bail application filed by the first petitioner and pass orders on merits on the same day of his surrender, after hearing the defacto complainant by complying with Section 15

(5) of the Act.

5. Accordingly, this Criminal Original Petition is partly allowed.

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.

To 1.The learned Additional Sessions Judge, Sessions Court cum P.C.R.Court, Dindigul 2/3

2.The Deputy Superintendent of Police, Dindigul District, Dindigul.

3.The Inspector of Police, Vedasanthur Police Station, Dindigul District.

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

Crl.O.P.(MD)No.9986 of 2021 27.07.2021 CM(CO) KB(03.08.2021) 3P 5C 3/3