S.Muthukumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.6770 of 2023 S.Muthukumar

...Petitioner

Vs.

State rep. by The Inspector of Police, Peravurani Police Station, Thanjavur District.

(In Crime No. 101 of 2023)

...Respondent

PRAYER: This Criminal Petition is filed U/s.482 Cr.P.C to direct the Learned I Additional District and Sessions Court (PCR Court), Thanjavur under the SC/ST Act to consider the bail application of the Petitioner in connection with Crime No. 101 of 2023, pending investigation on the file of the respondent on merits on the same day For Petitioner : Mr.V. Muthukamatchi For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This petition has been filed to direct the learned I Additional 1/5

District and Sessions Court (PCR Court), Thanjavur under the SC/ST Act to consider the bail application of the Petitioner in connection with Crime No. 101 of 2023, pending investigation on the file of the respondent on merits on the same day 2.The petitioner is the accused person in Crime No.101 of 2023 on the file of the respondent police for the offences punishable under Sections 294(b), 323 IPC and 3(1)(r), 3(1) (s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.B. Nambiselvan, learned Additional Public Prosecutor accepts notice for the respondent. He submitted that no previous case is pending against the petitioner and the injured person has been discharged from the hospital.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 2/5

1) The petitioner shall appear before the I Additional District and Sessions Court (PCR Court), Thanjavur under the SC/ST Act 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.

12.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No trp 3/5

To

1. The Inspector of Police, Peravurani Police Station, Thanjavur District.

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

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G.ILANGOVAN,J trp Order made in Dated : 12.04.2023 5/5