Subbuthai v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Subbuthai 2.Muniyammal @ Muneeswari 3.Petchiammal 4.Mahesh ... Petitioners/Accused Nos.1 to 4 vs.

1.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The State, rep.by Inspector of Police, Elayirampannai Police Station, Virudhunagar District.

Crime No.138 of 2021.

... Respondent/Complainant 3.Aathiyammal ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned PCR Court, Srivilliputhur to dispose the bail application filed by the petitioners on merits on the same day of their surrender before the above mentioned concerned Court in pending investigation of Crime No.138 of 2021 on the file of the second respondent Police.

For Petitioner : Mr.G.Thalaimutharasu 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 PCR Court, Srivilliputhur to dispose the bail application filed by the petitioners on merits on the same day of their surrender before the above mentioned concerned Court in pending investigation of Crime No.138 of 2021 on the file of the second respondent Police.

2. The petitioners are the accused in Crime No.138 of 2021, on the file of the second respondent for the offences 1/3

punishable under Sections 294(b), 506(i) of IPC r/w 3(1)(r), 3(1)(s) of SC/ST (POA) Amendment Act, 2015.

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 and also taking into consideration the submission of the learned Additional Public Prosecutor, this Court is inclined to allow the petition as per the following conditions:- 1)The petitioner shall appear before the learned PCR Court, 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 application filed by the petitioner 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 allowed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb 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 PCR Court, Srivilliputhur.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Virudhunagar District, Virudhunagar.

2/3

3.The Inspector of Police, Elayirampannai Police Station, Virudhunagar District.

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

03.09.2021 RD(13.09.2021) 3P 5C 3/3