Madras High CourtCRL OP(MD)/19399/2023disposed of

Suriya v. The Deputy Commissioner Of Police

2023-11-08Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Suriya 2.Ponnusamy 3.Palniyammal ... Petitioners Vs.

1.State rep. by The Deputy Commissioner of Police, Musiri Circle, Musiri, Trichy District.

2.The Inspector of Police, All Women Police Station, Musiri, Trichy Distirct.

(Crime No.33 of 2023) ... Respondents/Complainants 3.Kalaivani ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the I Additional District Judge (PCR), Trichy, to consider the bail applications of the petitioners on the same day of their surrender in connection with Crime No.33 of 2023, registered on the file of the 2nd respondent.

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For Petitioners : Mr. T.Vadivelan For Respondents : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) O R D E R This petition has been filed to direct the I Additional District Judge (PCR), Trichy, to consider the bail applications of the petitioners on the same day of their surrender in connection with Crime No.33 of 2023, registered on the file of the 2nd respondent.

2. The petitioners are the accused persons in Crime No.33 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 498(A), 506(i) Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and Section 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. Side) accepts notice for the respondents 1 and 2. He would further submitted that there is no previous case pending against the petitioners. 4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 2/4

1)The petitioners shall appear before the learned I Additional District Judge (PCR), Trichy, 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 15A(3) of the Act. The trial Court shall consider the previous antecedents of the petitioners while passing orders on merits.

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

08.11.2023 Index : Yes/No Internet : Yes/No trp To 1.The I Additional District Judge (PCR), Trichy, 2.The Deputy Commissioner of Police, Musiri Circle, Musiri,Trichy District.

3.The Inspector of Police, All Women Police Station, Musiri, Trichy Distirct.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

G.ILANGOVAN. J.

trp 08.11.2023 4/4