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Madras High CourtCRL OP(MD)/6111/2023disposed of

Karthi @ T.Karthick v. The Deputy Superintendent Of Police

2023-03-31Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN

1. Karthi @ T. Karthick

2. Rettai Muthu @ R. Erataimuthu

...Petitioner

Vs.

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

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

(Cr. No 47 of 2023)

3. S. Santhanam W/o. Sekar 11/90, North Street, Kela Keeranoor, Authoor, Thoothukudi District.

...Respondent

PRAYER: This Criminal Petition is filed U/s.482 Cr.P.C to issue necessary direction to the learned District and Special Sessions Judge (PCR Court), Thoothukudi to consider and pass orders on bail application to be filed by the petitioners in connection with Crime No.47 1/5

of 2023.

For Petitioners : Mr.S. Pandiyaraj For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This petition has been filed to direct the learned District and Special Sessions Judge (PCR Court) Thoothukudi to consider and pass orders on bail application to be filed by the petitioners in connection with Crime No.47 of 2023.

2.The petitioners are the accused person in Crime No.47 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 341, 294(b) IPC and Sections 3(1)(r), 3(1) (s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.B. Nambiselvan, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He submitted that no previous case is pending against the petitioner and it is a case and case in counter.

2/5

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

1) The petitioner shall appear before the learned learned District and Special Sessions Judge (PCR Court), Thoothukudi, 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 her surrender, after hearing the defacto complainant by complying with Section 15A(5) of the Act.

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

31.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No trp To 3/5

1. The Deputy Superintendent of Police, Tiruchendur, Thoothukudi District.

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

(Cr. No 47 of 2023)

3. S. Santhanam W/o. Sekar 11/90, North Street, Kela Keeranoor, Authoor, Thoothukudi District.

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

4/5

G.ILANGOVAN,J trp Order made in Dated : 31.03.2023 5/5