Madras High CourtCRL OP(MD)/9810/2023dismissed

Duraipandi @ Durai v. The Assistant Commissioner Of Police

2023-06-07Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Duraipandi @ Durai 2.Susila Devi @ Susila ... Petitioners/Accused Nos.3 & 4 Vs.

1.The Assistant Commissioner of Police, Madurai District, Madurai.

2.State through the Inspector of Police, All Women Police Station, Madurai, Crime No.32 of 2021.

3.XXXX, Madurai District.

... Respondents/Complainants PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the III Additional District and Sessions Judge, Madurai, Special Court for SC/ST ACT (PCR Cases) to consider the bail application for A3 and A4 to be filed by the petitioner in Crime No.32 of 2021 on the same date of surrender in accordance with law.

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For Petitioner : Ms.K.M.Priscilla Jancy For Respondents : Mr.K.Nambiselvan Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to the III Additional District and Sessions Judge, Madurai, Special Court for SC/ST ACT (PCR Cases) to consider the bail application for A3 and A4 to be filed by the petitioner in Crime No.32 of 2021 on the same date of surrender in accordance with law.

2.The petitioners are the accused persons in Crime No.32 of 2021 on the file of the 2nd respondent police for the offences punishable under Section 366(a), 312 of IPC and Section 5(1), 5(i)(ii) r/w 6 of POCSO Act, 2012 and under Sections 3(1)(r)(s), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3.Mr.B.Nambiselvan, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2.

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4.Earlier application that was filed by the petitioner in Crl.O.P. (MD).No.7117 of 2023 was dismissed for default. But instead of restoring the above said application, fresh application has been filed. Liberty is granted to the petitioner to file proper restoration petition to restore the above said petition. Second petition is not proper. 5.With the above said liberty, this criminal original petition stands dismissed.

07.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The III Additional District and Sessions Judge, Madurai, Special Court for SC/ST ACT (PCR Cases).

2.The Sub Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

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

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G.ILANGOVAN ,J.

TM 07.06.2023 4/4