Madras High CourtCRL OP(MD)/11370/2019ordered

R. Lakshmi @ Lakshmi v. The Deputy Superintendent Of Police

2019-08-13Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.11370 of 2019 R.Lakshmi @ Lakashmi : Petitioner/Accused No.2 Vs.

1.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

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

: Respondents/Complainants 3.K.Nithya : Respondent/ Defacto Complainant PRAYER: Petition is filed under Section 482 of Criminal Procedure Code to direct the III Additional District and Sessions Judge (Special Judge for PCR Cases), Madurai, to accept the petitioner's surrender and consider her bail application on the same day in connection with Crime No.12 of 2019, on the file of the second respondent in accordance with law.

For Petitioner : Mr.B.Muthu Prakash For Respondents 1 & 2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)

ORDER

The petitioner seeks for a direction to the learned III Additional District and Sessions Judge (Special Judge for PCR Cases), Madurai, to accept the petitioner's surrender and consider her bail application on the same day in connection with Crime No.12 of 2019, on the file of the second respondent in accordance with law.

2. The petitioner is the sole accused for the offences punishable under Sections 417, 376, 294(b) and 506 (i) r/w. Sections 3 (1) (w) (I) of SC / ST (Prevention of Atrocities) Amendment Act, 2015, in Crime No.12 of 2019, pending on the file of the second respondent police and apprehending arrest, she has filed the present petition.

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3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. Considering the nature of offences alleged against the petitioner and also considering the fact that anticipatory bail cannot be granted in respect of offences punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, this Court feels it appropriate to direct the petitioner to surrender before the learned III Additional District and Sessions Judge, (Special Judge for PCR Cases), Madurai, within a period of two weeks from the date of receipt of a copy of this order and file a bail application and on filing such bail application, the learned Judge is directed to consider the bail application of the petitioner on merits and pass appropriate orders on the same day of her surrender. The petitioner is directed to comply with the provisions under Section 15-A(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

5. The Criminal Original Petition is ordered accordingly. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The III Additional District and Sessions Judge, (Special Judge for PCR Cases), Madurai, 2.The The Deputy Superintendent of Police, Thirumangalam, Madurai District.

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

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.C.SENTHIL MURUGAN, Advocate ( SR-81393[F] dated 13/08/2019 ) Order made in CRL.O.P.(MD).No.11370 of 2019 13.08.2019 tsg JMN(20.08.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/