Madras High CourtCRL OP(MD)/13340/2021allowed

M.Subin v. The Deputy Superintendant Of Police

2021-09-27Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.OP(MD).No.13340 of 2021

1. M.Subin

2. M.Sujin ... Petitioners / Accused Nos. 2 & 3 Vs.

1. The Deputy Superintendent of Police, Colachel, Kanyakumari District.

2.The Inspector of Police, Manavalakurichy Police Station, Kanyakumari District. ... Respondent 1& 2/ Complainant

3. Saroja ... 3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the II Additional District Judge, Special Court for SC and ST Act cases, Tirunelveli for considering the Bail Application of the petitioners 1 and 2/Accused 2 and 3 in crime No.112 of 2021 on the file of the Manavalakurichy Police Station on the date of their surrender. For Petitioners : Mr.J.John Jeya Kumar For Respondents : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor, For R1 & R2.

ORDER

The petitioners are the second and third accused in Crime No.112 of 2021 of Manavalakurichy Police Station, Kanyakumari District and the offences alleged against the accused are under Sections 341, 294(b), 323, 324, 506(ii) of IPC and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act and Sections 3(1)(r) (s) and V (a) of the SC/ST Act (POA) Amendment Act, 2015. 2.The present petition filed by the petitioners are to direct the learned II Additional District Judge, Special Court for SC and ST Act Cases, Tirunelveli, to accept the surrender of the petitioners and also to consider the bail application on the same day.

3.Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. The third respondent is 1/3

the de-facto complainant.

4. Since the prayer itself is to accept the surrender of the petitioners and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the learned II Additional District Judge, Special Court for SC and ST/SC Act cases, Tirunelveli, within a period of 15 days from the date of receipt of a copy of this order / uploading of the order.

2) On such surrender, concerned Sessions Judge, may consider the bail application filed by the petitioners on merits on the same day of surrender, after giving notice to the concerned Public Prosecutor and by complying Section 15(5) of the Act.

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

Sd/- Assistant Registrar (A.D.I) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm 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 District Judge, Special Court for SC and ST/SC Act cases, Tirunelveli.

2. The Deputy Superintendent of Police, Colachel, Kanyakumari District.

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

2/3

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

+1 CC to M/s.J.JOHN JAYAKUMAR, Advocate ( SR-30380[F] dated 27/09/2021 ) Crl.O.P.(MD)No.13340 of 2021 27.09.2021 RD/PM (15.11.2021) 3P 6C 3/3