Avvaiyar v. The Assistant Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.14318 of 2020 Avvaiyar ... Petitioner/ Accused (Single) Vs.

1.The Assistant Commissioner of Police, Palayamkottai Tirunelveli City.

2.The Inspector of Police Perumalpuram Police Station, Tirunelveli City.

(Crime No.799 of 2020) ... Respondents/Complainants 3.Packiya Lakshmi

...Respondent/Defacto Complainants

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned II Additional District and Sessions Judge Cum PCR Court, Tirunelveli, Tirunelveli District, to consider and dispose of the bail application to be filed by the petitioner on the same day of its filing on her surrender in connection with the case in Crime No.799 of 2020 on the file of the Inspector of Police, Perumalpuram Police Station, Tirunelveli City. For Petitioner : Mr.R.Anand For Respondents 1 & 2 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

The petitioner is shown as sole Accused in Crime No.799 of 2020 registered on the file of the Inspector of Police, Perumalpuram Police Station, Tirunelveli City, for the offences under Sections 294(b), 323, 506(i) of IPC and Sections 3(1)(r), 3(1)(s) and 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2. Considering the present times, notice to the third respondent is dispensed with.

3. The learned counsel appearing for the petitioner reiterated the contentions set out in the original petition. 1/3

4. The learned Additional Public Prosecutor appearing for the respondents 1 and 2, on instructions, would submit that the petitioner is the sole accused in this case and the injured has already been discharged from the hospital.

5. I am of the view that interest of justice will be served by permitting the petitioner to surrender before the learned II Additional District and Sessions Judge Cum PCR Court, Tirunelveli, Tirunelveli District, within a period of eight weeks from the date of receipt of a copy of this order. The learned II Additional District and Sessions Judge Cum PCR Court, Tirunelveli, will dispose of the petitioner's bail petition on the same day of her surrender on its own merits. There will be a direction to the respondents 1 and 2 not to arrest the petitioner till the expiry of the period of eight weeks.

6. This Criminal Original Petition is allowed on these terms.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) rm 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 and Sessions Judge-cum- PCR Court, Tirunelveli.

2.The Assistant Commissioner of Police, Palayamkottai Tirunelveli City.

3.The Inspector of Police Perumalpuram Police Station, Tirunelveli City.

2/3

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

Crl.O.P.[MD]No.14318 of 2020 08.12.2020 NS(CO) TR(16.12.2020) 3P 5C 3/3