Madras High CourtCRL OP(MD)/11655/2023disposed of

Mallika v. The Assistant Commissioner Of Police

2023-06-28Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.11655 of 2023

1. Mallika

2. Sivakumar ... Petitioners/Accused 2 and 3 Vs.

1.State, represented by The Assistant Commissioner of Police, Thilagar Thidal Police Station, Madurai District.

2.The Inspector of Police,, All Women Police Station, Thilagar Thidal, Madurai, Madurai District.

... 1st and 2nd Respondents/Complainants 3.Swathi ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the III Additional District Court for (PCR), Madurai, to accept their surrender and to consider their bail application in Crime No.31 of 2023 on the file of 2nd respondent Police to be filed by the petioners on the same day on merits.

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For Petitioners : Mr. Kannappan A R For Respondents : Mr.B.Nambiselvan for R1 & R2 Additional Public Prosecutor O R D E R This petition has been filed to direct the III Additional District Court for (PCR), Madurai, to accept their surrender and to consider their bail application in Crime No.31 of 2023 on the file of 2nd respondent Police to be filed by the petioners on the same day on merits. 2.The petitioners are the accused persons in Crime No.31 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 417, 376, 506(i) of IPC and Section 3(1)(r), 3(1)(s), 3(1)(w)(ii) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015.

3.Mr.B.Nambiselvan, learned Additional Public Prosecutor, accepts notice for the respondents 1 and 2. He would further submitted the first accused was arrested and is still in custody. 4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 2/4

1)The petitioners shall appear before the III Additional District Court for (PCR), Madurai,, 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 petitioners and pass orders on merits on the same day of their surrender, after hearing the defacto complainant by complying with Section 15A(3) of the Act.

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

28.06.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The III Additional District Court for (PCR), Madurai. 2.The Assistant Commissioner of Police, Thilagar Thidal Police Station, Madurai District.

3.The Inspector of Police,, All Women Police Station, Thilagar Thidal, Madurai, Madurai District.

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

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