Sathya @ Sathya Rajeshwari v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Sathya @ Sathya Rajeshwari 2.Natchiyar .. Petitioners/Accused Nos.1 & 2 Vs.

1.State through The Deputy Superintendent of Police, Samayanallur Sub-Division, Madurai District.

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

(Crime No.173 of 2022) .. Respondents/Complainant 3.Kasthuri .. 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the III Additional District Judge (PCR), Madurai, Madurai District, to accept the surrender of the petitioners and consider the bail application on merits on the date of his surrender in Crime NO. 173 of 2022 on the file of the 2nd respondent police on the very same day. For Petitioners : Mr.M.Pitchai Muthu For Respondents : Mr.A.Albert James Government Advocate (Crl. Side) 1/5

O R D E R This petition has been filed to direct the learned III Additional District Judge (PCR Court), Madurai, Madurai District, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No.173 of 2022 on the file of the 2nd respondent Police.

2.The petitioners are the accused No.1 & 2 in Crime No.173 of 2022 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 353, 355 & 506(i) of IPC, r/w Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.A.Albert James, learned Government Advocate (Crl. side) accepts notice for the respondents 1 and 2. He submitted that no previous case is pending against the petitioners and the defacto complainant has sustained only simple injuries. 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 2/5

learned III Additional District Judge (PCR Court), Madurai, Madurai District, 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 15A(5) of the Act.

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

08.09.2022 Index : Yes/No Internet : Yes/No TM To 1.The III Additional District Judge (PCR Court), Madurai, Madurai District.

2.The Deputy Superintendent of Police, Samayanallur Sub-Division, Madurai District.

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

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

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G.ILANGOVAN. J.

TM 08.09.2022 5/5