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Madras High CourtCRL OP(MD)/7407/2023disposed of

Kanimozhi v. The Deputy Superintendent Of Police

2023-04-21Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Kanimozhi ... Petitioner/Accused No.2 Vs.

1.State represented by The Deputy Superintendent of Police, Musiri Sub Division, Trichy District.

2.State represented by The Inspector of Police, Thuraiyur Police Station, Trichy District.

In Crime No.393 of 2022

...Respondents No.1 &2 /Complainants

3.Pandiyan ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned First Additional Sessions Court (PCR), Trichy, to consider the bail application on the surrender of the petitioner in connection with case in Crime No.393 of 2022 dated 20.12.2022, pending investigation on the file of the second respondent Police on merits on the same day.

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For Petitioner : Mr.M.Sridharan For Respondents : Mr.B.Nambiselvan for R1 & R2 Additional Public Prosecutor O R D E R This petition has been filed to direct the learned First Additional Sessions Court (PCR), Trichy, to consider the bail application on the surrender of the petitioner in connection with case in Crime No.393 of 2022 dated 20.12.2022, pending investigation on the file of the second respondent Police on merits on the same day.

2.The petitioner is the accused persons in Crime No.393 of 2022 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 506(i) of IPC and Section 3(1)(r), 3(1)(s) and 3(2) (Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3.Mr.B.Nambiselvan, learned Additional Public Prosecutor, accepts notice for the respondents 1 and 2. He would further submitted the petitioner is not having any previous cases and the injured person is discharged from the hospital.

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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 First Additional Sessions Court (PCR), Trichy, 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 his surrender, after hearing the defacto complainant by complying with Section 15A(3) of the Act.

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

21.04.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The I Additional Sessions Court (PCR), Trichy.

2.The Deputy Superintendent of Police, Musiri Sub Division, Trichy District.

3.The Inspector of Police, Thuraiyur Police Station, Trichy District.

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

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