Madras High CourtCRL OP(MD)/12117/2021partly allowed

Solaimalai v. The Inspector Of Police

2021-09-01Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.12117 of 2021 1.Solaimalai 2.Periyapandi @ Chinnapandi 3.Kanthan 4.Ponraj ... Petitioners/Accused No.

1 to 4 Vs.

1.The State Rep by its Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District, (Crime No.167/21) 2.The Deputy Superintendent of Police, Aruppukottai Division, Virudhunagar District.

3.Ramasamy ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Judge (PCR Court) at Srivilliputhur to consider the bail application filed by the petitioners in Crime No.167 of 2021, on the file of the respondent police on very same day.

For Petitioners : Mr.B.Muneeswaran For R-1 and R-2 : Mr.K.Sanjai Gandhi Government Advocate (Crl.side)

O R D E R

This petition has been filed to direct the learned Special Judge (PCR Court) at Srivilliputhur to consider the bail application filed by the petitioners in Crime No.167 of 2021, on the file of the respondent police on very same day.

2. The petitioners are the accused Nos.1 to 4 in Crime No.167 of 2021, on the file of the second respondent for the offences punishable under Sections 147, 294(b), 323, 324, 506(i) & 109 IPC and Section 4 of Tamilnadu Prohibition of Harassment of 1/3

Women Act, 2002 r/w under Sections 3(i)(r) & 3(i)(s) & 3(2)(va) of SC/ST (POA) Act 1989.

3. Mr.K.Sanjai Gandhi, Government Advocate (Crl.side) accepts notice for the respondents 1 and 2. He submits that four previous cases are pending against the fourth petitioner herein and among the four cases, one case is under the Prvention of Damage to Public Property Act,1984 and the petitioners 2 & 3 are having one previous case each against them with regard to Covid-19 restrictions violation. Injured was discharged from the Hospital.

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 petitioners 1 to 3 alone as per the following conditions:- 1)The petitioners 1 to 3 shall appear before the learned Special Judge (PCR Court) at Srivilliputhur 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 applications filed by the petitioners 1 to 3 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. Accordingly, this Criminal Original Petition is partly allowed. Petition filed by the fourth petitioner stands dismissed. Sd/- Assistant Registrar (CS III) // 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.

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To 1.The Special Judge, (PCR Court) at Srivilliputhur, Virudhunagar District.

2.The Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District, 3.The Deputy Superintendent of Police, Aruppukottai Division, Virudhunagar District.

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

Crl.O.P.(MD)No.12117 of 2021 01.09.2021 NSN(CO) SB(22.09.2021) 3P 5C 3/3