Madras High CourtCRL OP(MD)/21001/2021disposed of

Saravanan v. The Deputy Superintendent Of Police

2021-12-29Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.12.2021

CORAM:

THE HONOURABLE MRS.JUSTICE S.ANANTHI Crl.O.P.(MD)No.21001 of 2021 1.Saravanan 2.Veerasekar @ Veerasekaran 3.Latha : Petitioners/A1, A2 and A4 Vs.

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

1st respondent/Investigating Officer 2.The Inspector of Police, Pallathur Police Station, Sivagangai District.

Crime No.135 of 2021.

: Respondents/Complainants 3.Dhanalakshmi : 3rd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the learned Principal District and Sessions Judge (Special Court for PCR Cases), Sivagangai, to consider their bail applications on the same day of their surrender in respect of Crime No.135 of 2021 on the file of the second respondent. For Petitioners : Mr.Venkatesh, D.

For R-1 and R-2 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

O R D E R

The Criminal Original Petition has been filed to direct the learned Principal District and Sessions Judge (Special Court for PCR Cases), Sivagangai, to consider the petitioners' bail application on the same day of their surrender in respect of Crime No.135 of 2021 on the file of the second respondent.

2. The petitioners are accused in Crime No.135 of 2021, on the file of the second respondent for the offences punishable under Sections 420, 506(i) IPC, Sections 3 and 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act @ under Section 294(b) and under Section 3(1) (r) of SC/ST (POA) Act, 2015.

3.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor, who accepts notice for the respondents 1 and 2 would submit that no injury was sustained by any person.

4. Considering the facts and circumstances of the case and also 1/3

taking into consideration the submission of the learned Additional Public Prosecutor, this Court is inclined to allow the petition, as per the following conditions:- 1)The petitioners shall appear before the learned Principal District and Sessions Judge (Special Court for PCR Cases), Sivagangai, 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 15(5) of the Act.

5. Accordingly, this Criminal Original Petition is allowed. Sd/- Vacation Officer/ Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) das 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 Principal District and Sessions Judge (Special Court for PCR Cases), Sivagangai, 2.The Deputy Superintendent of Police, Karaikudi Division, Sivagangai District.

3.The Inspector of Police, Pallathur Police Station, Sivagangai District.

2/3

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

Crl.O.P.(MD)No.21001 of 2021 29.12.2021 DJ(CO) KB(30.12.2021) 3P 5C 3/3