Madras High CourtCRL OP(MD)/14527/2021disposed of

Thadiveeran v. The Deputy Superintendent Of Police

2021-09-28Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Thadiveeran ... Petitioner/Accused No.4 Vs.

1.The Deputy Superintendent of Police, Nanguneri Tirunelveli District ... 1st Respondent 2.The Inspector of Police, State of Tamil Nadu, Moolaikaraipatti Police Station, Tirunelveli District.

(Crime No.268/2020) ... 2nd Respondent/complainants 3.Sornam ... 3rd Respondent/Defacto complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned II Additional District Sessions Judge cum PCR Court, Tirunelveli to consider the petitioner's bail application and dispose the bail application on the same day in Crime No.268 of 2020 on the file of the second respondent and thus render justice.

For Petitioner : Mr.R.J.Karthick For Respondents : Mr.R.M.S.Sethuraman 1 & 2 Additional Public Prosecutor

O R D E R

This petition has been filed to direct the learned II Additional District Sessions Judge (PCR), Tirunelveli, to accept the surrender of the petitioner and consider the bail application on the date of his surrender in connection with Crime No.268 of 2020 on the file of the 2nd respondent Police.

2.The petitioner is accused No.4 in Crime No.268 of 2020 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323 and 506(ii) of IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.RMS.Sethuraman, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submitted that no previous case is pending against the petitioner and the injured 1/3

person has been discharged from the hospital. 4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioner shall appear before the learned II Additional District Sessions Judge (II Additional District Sessions Cum PCR Court), Tirunelveli, 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.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (A.D II) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 Sessions Judge (II Additional District Sessions cum PCR Court), Tirunelveli.

2.The Deputy Superintendent of Police, Nanguneri Tirunelveli District, 2/3

3.The Inspector of Police, State of Tamil Nadu, Moolaikaraipatti Police Station, Tirunelveli District.

(Crime No.268/2020) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.J.KARTHICK, Advocate ( SR-30565[F] dated 28/09/2021 ) 28.09.2021 SRR(CO)/RS (08.10.2021) 3P 6C 3/3