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Madras High CourtCRL OP(MD)/18767/2021disposed of

Ammasi v. The Deputy Superintendent Of Police

2021-11-30Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.18767 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18767 of 2021 1.Ammasi 2.Kalai 3.Jeyanthi ... Petitioners/ Accused Nos.1, 2 & 4 Vs

1. The Deputy Superintendent of Police, Melur Division, Melur, Madurai District.

2.The State of Tamil Nadu, Represented by the Sub Inspector of Police, Kottampatti Police Station, Madurai District in Crime No.296 of 2021.

... Respondents 1 & 2 / complainants 3.Jeyalakshmi ... 3rd Respondent / Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Special District and Sessions Judge (III Additional Sessions Judge (PCR Court), Madurai to consider and dispose the bail application to be filed by the petitioner / accused under Section 439 of cr.P.C on the same day of petitioner's surrender before the court in connection with Crime No.296 of 2021 on the file of the respondent.

For Petitioners : Mr.R.Narayanan For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate(crl.side) For R3 : Mr.R.Alagumani

ORDER

Heard the learned counsel for the petitioners and the learned Government Advocate(crl.side) 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 accused Nos.1,2 & 4 in Crime No.296 of 2021 registered on the file of the second respondent for the offences under Sections 147, 294(b), 429, 323, 427 & 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, r/w Sections 3(1)(r), 3(1)(s) & 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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/ 1/2

Crl.O.P(MD)No.18767 of 2021 Cr.P.C., The petitioners undertake to surrender before the jurisdictional Court on 07.12.2021. 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 07.12.2021. 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 07.12.2021.

(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 (A.D.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 Special District and Sessions Judge (III Additional Sessions Judge (PCR Court), Madurai. 2.The Deputy Superintendent of Police, Melur Division, Melur, Madurai District.

3.The Sub Inspector of Police, Kottampatti Police Station, Madurai District.

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

+1 cc to Mr.R.NARAYANAN, Advocate, SR.No.36806 Crl.O.P(MD)No.18767 of 2021 Date:30.11.2021 SA(01.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2