Madras High CourtCRL OP(MD)/10561/2021disposed of

Savithiri v. The Deputy Superintendent Of Police

2021-08-04Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.10561 of 2021 1.Savithiri 2.Sumithra ... Petitioners/Accused No. 5 & 6 Vs.

1.The Deputy Superintendent of Police, Ponnamaravathi, 2.The Inspector of Police, Panayapatti Police Station, Pudukottai District (Crime No.147 of 2021) ...Respondents 1 & 2/Complainants 3.Rajendhiran ...3rd Respondent/Defacto Complainant/ Victim PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Court (PCR Act Cases) Pudukottai to consider the bail application of the petitioners concerned Crime No.147 of 2021 on the file of the Inspector of Police, Panayapatti Police Station, Pudukottai District/the 2nd respondent herein and pass orders in accordance with law on the same day on their surrender if any petition filed by the petitioners. For Petitioners : Mr.K.Sivabalan For R1 and R2 : Mr.R.M.Anbunidhi Additional Public Prosecutor(Crl.Side)

ORDER

This petition has been filed to direct the learned Special Judge, Special Court (PCR Act Cases), Pudukottai to accept the surrender of the petitioners and consider the bail application on the date of surrender in connection with Crime No.147 of 2021 on the file of the second respondent police.

2.The petitioners are the accused 5 and 6 in Crime No.147 of 2021 on the file of the second respondent police for the offences 1/3

punishable under Sections 147, 294(b), 323 and 506 (i) of I.P.C and Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3.Mr.R.M.Anbunithi, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :-

1) The petitioners shall appear before the Special Court (PCR Act Cases), Pudukottai, 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 petitioners and pass orders on merits on the same day of their surrender, after hearing the defacto complainant by complying with Section 15(5) of the Act.

5.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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 Special Judge, Special Court (PCR Act Cases), Pudukottai.

2.The Deputy Superintendent of Police, Ponnamaravathi, 2/3

3.The Inspector of Police, Panayapatti Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.E. BALASUBRAMANIAN, Advocate ( SR-25420[F] dated 05/08/2021 ) Crl.O.P.(MD)No.10561 of 2021 04.08.2021 MGJ(11.08.2021) 3P 6C 3/3