Madras High Court
K.Malaisamy vs State Through on 5 February, 2021
Author: R. Hemalatha
Bench: R. Hemalatha
Crl.O.P.(MD)No.1548 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :05.02.2021
CORAM :
THE HONOURABLE Mrs. JUSTICE R. HEMALATHA
Crl.O.P.(MD)No.1548 of 2021
K.Malaisamy ... Petitioner
Vs.
1.State through
The Inspector of Police,
All Women Police Station,
Thallakulam,
Madurai City.
(In Crime No.53 of 2020)
2.The Deputy Superintendent of Police,
Madurai.
3.R.Preethi ... Respondents
Prayer : Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure to direct the III Additional District Judge (PCR Act
Cases), Madurai to consider the bail application of the petitioner on the
same day of his surrender in Crime No.53 of 2020 on the file of the first
respondent police.
For Petitioner : Mr.A.Alexander
For Respondents 1 & 2 : Mr.R.Erottuchamay
Government Advocate (Criminal side)
http://www.judis.nic.in
1/4
Crl.O.P.(MD)No.1548 of 2021
ORDER
The petitioner is the first accused in Crime No.53 of 2020 of All Women Police Station, Madurai District and the offences alleged against the accused are under Sections 498(A), 294(b) and 506(i) of the Indian Penal Code and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015.
2.The present petition filed by the petitioner is to direct the learned III Additional District Judge (PCR Act Cases), Madurai, to accept the surrender of the petitioner and also to consider the bail application on the same day.
3.Mr.R.Erottuchamy, learned Government Advocate (Criminal side), accepts notice for the respondents 1 and 2. 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 on the same day of surrender, this Court is inclined to pass the following orders :-
1) The petitioner should appear before the learned III Additional District Judge (PCR Act http://www.judis.nic.in Cases), Madurai, within a period of 15 days from 2/4 Crl.O.P.(MD)No.1548 of 2021 the date of receipt of a copy of this order / uploading of the order.
2) On such surrender, the III Additional District Judge, Madurai 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.
5.With the above observation, this Criminal Original Petition is disposed of.
05.02.2021 Index : Yes/No Internet:Yes/No rmk 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 II Additional District Judge (PCR Act Cases), Madurai.
2.The Inspector of Police, All Women Police Station, Thallakulam, Madurai City.
3.The Deputy Superintendent of Police, Madurai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
http://www.judis.nic.in 3/4 Crl.O.P.(MD)No.1548 of 2021 R. HEMALATHA, J., rmk Crl.O.P.(MD)No.1548 of 2021 05.02.2021 http://www.judis.nic.in 4/4