Ilavarasi v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.16096 of 2020 Ilavarasi ... Petitioner/Accused No.1 Vs.

1.The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

2.The Inspector of Police, Orathanadu Police Station, Thanjavur District.

...1st & 2nd Respondent/Complainant (Crime No.2003/2020) 3.Andiappan ... 3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Cr.P.C., to direct the learned First Additional District and Sessions Judge-cum-PCR Court, Thanjavur, to consider and dispose of the bail application of the petitioner in Crime No.2003 of 2020 on the file of second respondent on the same day of her surrender.

For Petitioner : Mr.R.Pon Karthikeyan For R1 & R2 : Mr.R.Srinivasan Government Advocate

ORDER

The petitioner is the first accused in Crime No.2003 of 2020, registered on the file of second respondent Police Station for the offences under Sections 447, 294(b) and 506(ii) of the Indian Penal Code, 1860 along with 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.The learned counsel appearing for the petitioner reiterated the contentions set out in the original petition. 3.The learned Government Advocate appearing for the 1st and 2nd respondents, on instructions, would submit that the petitioner is the first accused in this case. No one has sustained injury. He 1/3

would further submit that he has no objection for allowing this petition.

4.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents 1 & 2. Since no adverse order is going to be passed, notice to the 3rd respondent is dispensed with.

5.I am of the view that interest of justice will be served by permitting the petitioner to surrender before the learned First Additional District and Sessions Judge-cum-PCR Court, Thanjavur, within a period of eight weeks from the date of receipt of a copy of this order. The learned District Judge will dispose of the petitioner's bail petition on the same day of surrender on its own merits, after complying with Section 15A(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015. 6.This Criminal Original Petition is allowed on these terms. Sd/- Vacation Officer // True Copy // / /2021 Sub Assistant Registrar(CS) SMN2/SRM 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 First Additional District and Sessions Judge, PCR Court, Thanjavur.

2.The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

3.The Inspector of Police, Orathanadu Police Station, Thanjavur District.

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

+1 CC to Mr.R.PON KARTHIKEYAN, Advocate ( SR-5[F] dated 04/01/2021 ) Crl.O.P(MD)No.16096 of 2020 30.12.2020 VB (07.01.2021) 3P 6C 3/3