Shathini v. The Assistant Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2021 CORAM :
THE HONOURABLE Mrs. JUSTICE R. HEMALATHA 1.Shanthini 2.Tharabanu 3.Sulthan Alavudeen ... Petitioners/Accused Nos.6 to 8 Vs.
1. The Assistant Commissioner of Police, Law and Order, Vilakkuthoon Range,
2. The Inspector of Police, Jaihindpuram Police Station, (Crime No.1460 of 2020) ... 1 & 2 Respondents/Complainant 3.Revathi ...3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C to direct the learned III Additional District and Sessions Judge, Madurai (PCR Act Cases), to consider the bail application on the same day of their surrender in Crime No.1460 of 2020 on the file of the second respondent.
For Petitioners : Mr. K.Sathish Kumar For Respondents 1 & 2 : Mr.A.Robinson Government Advocate (Crl. Side)
ORDER
The petitioners are the Accused 6 to 8 in Crime No.1460 of 2020 of Jaihindpuram Police Station, Madurai. The said case was registered against the accused under Sections 147, 294(b), 506(ii) of IPC and Section 4 of TNPHW Act, 2002 read with Section 3(1) (v) 3(1) (s) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989.
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2.The present petition filed by the petitioners is to direct the learned III Additional District and Sessions Judge, Madurai (PCR Act Cases), to accept the surrender of the petitioners and to consider the bail application on the same day. 3.Mr.A.Robinson, learned Government Advocate takes notice for the respondents 1 and 2. The third respondent is the de-facto complainant / victim.
4.Since the prayer itself is to accept the surrender of the petitioners and to consider the bail application by the learned III Additional District and Sessions Judge, Madurai (PCR Act Cases), this Court is inclined to pass the following orders :-
1) The petitioners should appear before the learned III Additional District and Sessions Judge, Madurai (PCR Act Cases), within a period of 15 days from the date of receipt of a copy of this order / uploading of the order.
2) On such surrender, learned Sessions Judge, (PCR Act Cases) may consider the bail application filed by the petitioners on merits, after giving notice to the concerned Public Prosecutor.
5.With the above observation, this Criminal Original Petition is disposed of.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS ) 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 Assistant Commissioner of Police, Law and Order, Vilakkuthoon Range, 2/3
2. The Inspector of Police, Jaihindpuram Police Station,
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
The III Additional District and Sessions Judge, (PCR Act Cases) Madurai.
05.01.2021 rm AE (18/01/2021) 3P / 5C 3/3