Madras High CourtCRL OP(MD)/17232/2021disposed of

Kalaivani v. The Deputy Supeintendent Of Police

2021-11-08Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.17232 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.17232 of 2021 1.Kalaivani 2.Susila ... Petitioners / Accused No.1 & 2 Vs 1.The Deputy Superintendent of Police, Puliangudi, Tenkasi Distirct.

2.The Inspector of Police, Sivagiri Police Station, Tenkasi District.

In Crime No.513/2021 ... Respondents 1&2/ Complainants 3.Aruna Devi ... Respondent No.3/ Defacto Complainants PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the IInd Additional District and Sessions Judge (PCR) Court, Tirunelveli to consider the bail application of the petitioners / Accused Nos.1 and 2 in the case in Crime No.513 of 2021 on the file of the second respondent, dispose of the same on its merits on the same day of surrender.

For Petitioners : Mr.M.Jothibasu For R1 & R2 : Mr.M.Veeranthiran Government Advocate

ORDER

Heard the learned counsel for the petitioners and the learned Government Advocate for the respondents 1 and 2.

2. Considering the nature of relief to be granted, notice to the defacto complainant is dispensed with.

3. The petitioners are figuring as first and second accused in Crime No.513 of 2021 registered on the file of the second respondent for the offences under Sections 448, 294(b), 506(ii) of IPC r/w Sections 3(1)(r), 3(1)(s) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989.

4. After going through the contents of the FIR, I am of the view that it is a case fit for grant of relief under Section 482 of https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.17232 of 2021 Cr.P.C., The petitioners undertake to surrender before the jurisdictional Court on 22.11.2021. The petitioners' surrender shall be accepted by the jurisdictional Court and their petition for bail shall be disposed of on the same day. The petitioners' counsel gives an undertaking that the defacto complainant will be notified about the proposed surrender of the petitioners on 18.11.2021. Such an intimation will be sent through registered post by tomorrow itself. The respondents 1 and 2 are also directed to give notice of hearing to the third respondent.

5. This Criminal Original Petition is disposed of with the following directions:-

(1) the petitioners shall surrender before the jurisdictional Court on 22.11.2021.

(2) the jurisdictional Court shall accept the surrender and dispose of the petitioners' bail petition on the same day of surrender on merits and in accordance with law. Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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 IInd Additional District and Sessions Judge (PCR) Court, Tirunelveli.

2.The Deputy Superintendent of Police, Puliangudi, Tenkasi Distirct.

3.The Inspector of Police, Sivagiri Police Station, Tenkasi District.

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

+1 CC to M/s.G.JOTHIBASU, Advocate ( SR-33746[F] dated 09/11/2021 ) Crl.O.P(MD)No.17232 of 2021 08.11.2021 RD/UV (09.11.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/4