Shanmugavel v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Shanmugavel 2.Muralitharan @ Murali ... Petitioners Vs.

1.The State rep.by its, The Deputy Superintendent of Police, Thoothukudi Town, Thoothukudi District.

2.The State rep.by The Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

Crime No.618 of 2022.

3.Radha ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the Special Court for SC/ST Act cases (PCR Court), Thoothukudi to consider the bail application of the petitioners/A4 & A6 on the same day of surrender in Crime No.618 of 2022 on the file of the second respondent Police Station. 1/4

For Petitioners : Mr.S.Vishnuvardhan, For Respondents : Mr.R.Sivakumar, Government Advocate (Criminal Side) for R1 & R2.

ORDER

This Criminal Original Petition filed, under Section 482 Cr.P.C., seeking orders to direct the Special Court for SC/ST Act cases (PCR Court), Thoothukudi to consider the bail application of the petitioners/A4 & A6 on the same day of surrender in Crime No.618 of 2022 on the file of the second respondent Police Station.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the State.

3. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the State would submit that the accused 1, 5 and 6 are the sons of the first accused; that there existed dispute with regard to the fixation of flex board and that the accused attacked the deceased and his father and that the accused 1, 2 2/4

and 3 have already been arrested and are in judicial custody. He would further submit that the petitioners were very much available at the place of occurrence.

4. Considering the facts and circumstances of the case and also the objections raised by the prosecution, this Court is not inclined to issue any directions at this point of time.

5. Accordingly, this Criminal Original Petition is dismissed. 09.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No das To 1.The Deputy Superintendent of Police, Thoothukudi Town, Thoothukudi District.

2.The Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 09.01.2023 4/4