Madras High CourtCRL OP(MD)/22763/2023disposed of

Sethumani v. The Deputy Superintendent Of Police

2023-12-19Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.17712 of 2023 Sethumani ... Petitioner/Accused (Rank Not Known) Vs.

1.The Deputy Superintendent of Police, Usilampatti Sub Division, Madurai District.

2.The State rep by The Inspector of Police, Chekkanurani Police Station, Madurai District.

(Crime No.389 of 2023) ... Respondents 1&2/Complainant 3.Thavapandi ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned III Additional District and Sessions Judge (PCR Court), Madurai, to accept the surrender of the petitioner and consider her bail application on the same day on merits in relating to Crime No.389 of 2023 dated 18.10.2023 on the file of the Respondent police.

For petitioner : Mr.P.Banuprasath For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor 1/4

O R D E R This petition has been filed seeking direction to learned III Additional District and Sessions Judge (PCR Court), Madurai, to accept the surrender of the petitioner in connection with Crime No.389 of 2023 on the file of the 2nd Respondent Police on the same day of filing and to consider the Anticipatory Bail/ Bail petition filed by the petitioner on the same day of filing in accordance with law.

2.The petitioner is the accused persons in Crime No.389 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 341, 147, 294(b), 323, 427, 506(i) of IPC and Sections 3(1)(r) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.R.M.Anbunithi, learned Additional Public Prosecutor, accepts notice for the respondents 1 and 2. He would further submit that the injured in this case has been discharged from the hospital and the petitioner has no previous case.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 2/4

1)The petitioner shall appear before the learned III Additional District and Sessions Judge (PCR Court), Madurai, 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 petitioner and pass orders on merits on the same day of his surrender, after hearing the defacto complainant by complying with Section 15A(3) of the Act.

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

19.12.2023 Index : Yes/No Internet : Yes/No dss To 1.The III Additional District and Sessions Judge (PCR Court), Madurai.

1.The Deputy Superintendent of Police, Usilampatti Sub Division, Madurai District.

2.The State rep by The Inspector of Police, Chekkanurani Police Station, Madurai District. 3/4

G.ILANGOVAN. J.

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

19.12.2023 4/4