Madras High CourtCRL OP(MD)/17419/2022disposed of

Nalasamy @ Nallusamy 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 Nalasamy ... Petitioner/1st Accused Vs.

1.The Deputy Superintendent of Police, Karur, Karur District.

2.The Inspector of Police, Vangal Police Station, Karur Distrcit, (Crime No.440 of 2022) 3.Sudha

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge, Karur to accept the surrender of the petitioner and consider the bail application on same day in connection with Crime No.440 of 2022 on the file of the second respondent police.

For Petitioner : Mr.J.Senthil KUmaraiah For Respondents 1 & 2 : Mr.R.Suresh Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioner is the sole accused in Crime No.440 of 2022 on the file of Vangal Police Station, Karur District and the offences alleged against the accused are under Sections 294(b) of IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 3(1)(m) and 3(1)(r) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

2. The present petition filed by the petitioner is to direct the learned Principal District and Sessions Judge, Karur, to accept the surrender of the petitioner 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 petitioner is not having any previous cases and the no one has sustained injury in this case. The third respondent is the de-facto complainant.

4. Since the prayer itself is to accept the surrender of the petitioner and consider the bail application, this Court is inclined to pass the following orders :- 2/4

1) The petitioner should appear before the Principal District and Sessions Judge, Karur, 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 petitioner 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, Karur 2.The Deputy Superintendent of Police, Karur, Karur District.

3.The Inspector of Police, Vangal Police Station, Karur Distrcit, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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