Madras High CourtCRL OP(MD)/17269/2022disposed of

Selvi v. The Deputy Superintendent Of Police

2022-09-29Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2022 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN 1.Selvi 2.Elangovan 3.Sankar @ Sankar Perumal 4.Thirukumaran @ Vellaimandai ... Petitioners/ Accused Nos.1, 2, 4 & 5 Vs.

1.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

2.The State Rep by The Inspector of Police, Karaikudi North Police Station, Karaikudi, Sivagangai District.

(Crime No.265/2022) 3.Prabhu

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge, (PCR Court), Sivagangai to consider the bail petition on the same day in Crime No.265 of 2022 on the file of the second respondent police. 1/4

For Petitioners : Mr.S.M.Sanjay For Respondents 1 & 2 : Mr.R.Suresh Kumar Government Advocate (Crl. Side)

ORDER

The petitioners are the accused Nos.1 and 2 in Crime No.265 of 2022 on the file of Karikudi North Police Station, Sivagangai District and the offences alleged against the accused are under Sections 147, 148, 294(b), 324, 506(ii) of IPC, Section 4 of Prohibition of Harassment of Women Act and Section 3(1)(r) and 3(1)(s) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. The present petition filed by the petitioners is to direct the learned Principal District and Sessions Judge, (PCR Court), Sivagangai, to accept the surrender of the petitioners and also to consider the bail application on the same day.

3. Mr.R.Suresh Kumar, learned Government Advocate (Crl. Side), who accepts notice for the respondents 1 and 2, submits that the petitioners are not having any previous case and the injured has also been discharged from the hospital. The third respondent is the de-facto complainant. 2/4

4. Since the prayer itself is to accept the surrender of the petitioners and consider the bail application, this Court is inclined to pass the following orders :-

1) The petitioners should appear before the Principal District and Sessions Judge, (PCR Court), Sivagangai, within a period of 15 days, from the date of uploading the order copy in the website of this Court and

2) On such surrender, concerned Sessions Judge, may consider the bail application filed by the petitioners on merits on the same day of surrender, after giving notice to the concerned Public Prosecutor and by complying Section 15A(5) of the Act.

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

29.09.2022 Index : Yes/No Internet:Yes/No ta 3/4

G.ILANGOVAN, J., ta To 1.The Principal District and Sessions Judge, (PCR Court), Sivagangai 2.The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

3.The State Rep by The Inspector of Police, Karaikudi North Police Station, Karaikudi, Sivagangai District.

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

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