V.Lalitha v. The Deputy Superintendent of Police

ORDER This Criminal Original Petition has been filed by the petitioner / Accused No.1 on 26.12.2023 under Section 482 of the Criminal Procedure Code, 1973 (Act No.2 of 1974) praying to direct the learned II Additional District Judge (PCR Court), Tirunelveli, to accept the surrender of the petitioner and consider her bail application on the same day on merits in Crime No.365 of 2023 for the offence punishable under Sections 294(b) and 323 of the Indian Penal Code, 1860 (Act No. 45 of 1860); Sections 3 (1) (r), 3 (1) (s) and 3 (2) (va) of the Schedule Caste and the Schedule Tribes (Prevention of Atrocities Act), 1989 (Act No.33 of 1989)' (hereinafter 'SC and ST (POA) Act, 1989'); and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 on the file of the second respondent-Police.

¶2The case of the prosecution is that on 20.12.2023 at about

11.00 a.m., the defacto complainant / third respondent herein wanted to fetch water from the street tap; that at that time, the petitioner and the Page No. 2 of 6 other accused persons did not allow the defacto complainant to drink the water; and that they abused the defacto complainant by employing her communal name. Hence, the case.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has been falsely roped in this case. Accordingly, he prayed to allow this Criminal Original Petition.

¶4The learned Government Advocate (Criminal Side) appearing for the first and second respondent-Police submitted that the injured was admitted in Hospital on 20.12.2023 and discharged on

23.12.2023. He further submitted that there is no previous case pending against the petitioner. However, he prayed to dismiss this Criminal Original Petition.

¶5Heard on both sides. This Court has perused the records.

¶6In view of the amendments made in the SC and ST (POA) Act, 1989, this Court is of the view that directions that would usually be issued by this Court cannot be issued routinely in all cases. Considering the facts and circumstances of the case, this Court is inclined to pass the following orders: Page No. 3 of 6

(i) The petitioner shall surrender before the learned II Additional District Judge (PCR Court). Tirunelveli, within a period of 15 days from today; and

(ii) 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 order on merits on the same day of her surrender, after hearing the defacto complainant in compliance with Section 15A(3) of the SC and ST (POA) Act, 1989.

¶7Accordingly, this Criminal Original Petition is allowed with the directions stated supra.

28.12.2023 TSG Note:-

¶1Registry is directed to forthwith upload this order in the official website of this Court.

¶2All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code. Page No. 4 of 6 TO

1.The II Additional District Judge (PCR Court), Tirunelveli.

2.The Deputy Superintendent of Police, Nagercoil, Kanyakumari District.

3.The Inspector of Police, Kottar Police Station, Kanyakumari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Page No. 5 of 6

R.SAKTHIVEL, J. TSG Order in Date : 28.12.2023 Page No. 6 of 6

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.12.2023 CORAM THE HON'BLE MR.JUSTICE R.SAKTHIVEL V.Lalitha ... Petitioner /Accused No.1 Vs 1.The Deputy Superintendent of Police, Nagercoil, Kanyakumari District. 2.The State represented by its Inspector of Police, Kottar Police Station, Kanyakumari District, (Crime No.365 of 2023) ... Respondents 1 & 2 3.Pushpam ... 3rd Respondent / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, 1973 (Act No.2 of 1974) praying to direct the learned II Additional District Judge (PCR Court), Tirunelveli to accept the surrender of the petitioner and consider her bail application on the same day on merits pertaining to Crime No.365 of 2023 on the file of the respondent Police. Page No. 1 of 6 For Petitioner : Mr.S.Suresh Kumar For R-1 & R-2 : Mr.M.Veeranthiran Government Advocate (Criminal Side)