Madras High CourtCRL OP(MD)/16284/2021disposed of

Kasi @ Kasi Pandi v. The Deputy Superintendent Of Police

2021-10-26Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN 1.Kasi @ Kasi Pandi 2.Ramki 3.Kannan 4.Gunasekaran ... Petitioners / Accused Nos.

4,5,7 and 10 Vs.

1.The State represented by the Deputy Superintendent of Police, Usilampatti Division, Madurai District.

2.The Inspector of Police, Checkanurani Police Station, Madurai District.

(Crime No.388 of 2021)

...Respondent 1 & 2/Complainant

3.V.Palani Murugan ...3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the III Additional District and Sessions Judge (PCR Court) Madurai to consider the bail application on the same day of their surrender if any filed by the petitioners / Accused Nos.4,5,7 and 10 in Crime No.388 of 2021, registered by the second respondent herein.

For Petitioners : Mr.R.Gowrishankar For R-1 & R-2 : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to the the III Additional District and Sessions Judge (PCR Court) Madurai to consider the bail application on the same day of their surrender if any filed by the petitioners / Accused Nos.4,5,7 and 10 in Crime No.388 of 2021, registered by the second respondent herein. 2.The petitioners are accused Nos.4, 5, 7 & 10 in Crime No.388 1/3

of 2021 on the file of the 2nd respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 307, 506(ii) & 427 of IPC, r/w Section 4 of Tamilnadu Prohibition of Harassment of Women Act r/w Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amended Act, 2015.

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 petitioners and the injured person has been from the hospital.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioners shall appear before the learned III Additional District and Sessions 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 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 15(5) of the Act.

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

Sd/- Assistant Registrar (AS) // 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 III Additional District and Sessions Judge (PCR Court) Madurai.

2/3

2.The Deputy Superintendent of Police, Usilampatti Division, Madurai District.

3.The Inspector of Police, Checkanurani Police Station, Madurai District.

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

+1 CC to M/s.R. GOWRISHANKAR, Advocate ( SR-32913[F] dated 27/10/2021 ) 26.10.2021 SRK(CO) KB(11.11.2021) 3P 6C 3/3