Saralamary v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Saralamary 2.Kowsalya 3.Linciya 4.Velankanni 5.Leoanthonyraj 6.ChinthanaDevi 7.Sankareswari ... Petitioners/Accused 2 to 8 Vs.

1.The Deputy Superintendent of Police, Samayanallur Division, 2.The Inspector of Police, Vadipatty Police Station, (Crime No.406 of 2021)

...Respondents 1 & 2/ Complainants

3.Reka

...Respondent 3 / Informant

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned III Additional District Judge, (PCR Court), Madurai to consider the petitioners bail application on the same day of their surrender in Crime No.406 of 2021, on the file of the second respondent police.

For Petitioners : Mr.S.Pooranachandran For R-1 and R-2 : Mr.RMS.Sethuraman Additional Public Prosecutor

O R D E R

This petition has been filed to direct the learned III Additional District Judge, PCR Court, Madurai to consider the petitioners bail application on the same day of their surrender in Crime No.406 of 2021, on the file of the second respondent police.

2. The petitioners are the accused Nos.2 to 8 in Crime No.406 of 2021, on the file of the second respondent for the offences punishable under Sections 147, 294(b), 323,354, 355 & 506 (i) IPC and Sections 3(i)(r), 3(i)(s), 3(1)(w) (I) & 3(2)(va) of SC/ST (POA) Amendment Act 2015.

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3. Mr.RMS.Sethuraman, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submits that no previous case is pending against the petitioners and the injured person was discharged from the Hospital.

4. Considering the facts and circumstances of the case and also taking into consideration the submission of the learned Additional Public Prosecutor, this Court is inclined to allow the petition as per the following conditions:- 1)The petitioners shall appear before the learned III Additional District Judge, (PCR Court), 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 applications 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 15(5) of the Act.

5. Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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 III Additional District Judge, (PCR Court), Madurai 2.The Deputy Superintendent of Police, Samayanallur Division, 2/3

3.The Inspector of Police, Vadipatty Police Station, (Crime No.406 of 2021) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

04.10.2021 GC(18.10.2021) 3P 5C 3/3