Prabin@Pravinkumar v. The Deputy Superintendent Of Police

Crl.O.P.(MD)No.12114 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.12114 of 2021 Prabin @ Pravinkumar ... Petitioner/Sole Accused Vs.

1.The Deputy Superintendent of Police, Colahel Division, Kanyakumari District.

2.The Inspector of Police, Puthukadai Police Station, Kanyakumari District.

... R-1 & 2/Complainant

3. Rajam ...R-3/Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned II Additional Sessions Judge cum PCR Court, Tirunelveli, to consider the bail application of the petitioner on the same day of his surrender in Crime No.366 of 2021 on the file of the second respondent police.

For Petitioner : Mr.C.Muthu Saravanan For R-1 and R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the learned II Additional Sessions Judge cum PCR Court, Tirunelveli, to accept the surrender of the petitioner and consider the bail application on the date of surrender in connection with Crime No.366 of 2021 on the file of the second respondent Police.

2. The petitioner is the sole accused in Crime No.366 of 2021 on the file of the second respondent police for the offences punishable under Sections 448, 294(b), 323, 506(ii), 379(NP) of I.P.C and Section 4 of Tamilnadu Prohibition of Women Harassment Act r/w 3(1)(r), 3(1)(s) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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 none sustained injury in this case.

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Crl.O.P.(MD)No.12114 of 2021

4. Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioner shall appear before the learned II Additional Sessions Judge cum PCR Court, Tirunelveli, 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 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. With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) ksa 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 II Additional Sessions Judge cum PCR Court, Tirunelveli.

2.The Deputy Superintendent of Police, Colahel Division,Kanyakumari District.

3.The Inspector of Police, Puthukadai Police Station, Kanyakumari District.

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

Crl.O.P.(MD)No.12114 of 2021 24.08.2021 RK (01.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2