Madras High CourtCRL OP(MD)/7458/2023disposed of

Suresh @ Ganasuresh 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 1.Suresh @ Ganasuresh 2.Albert 3.Annes @ Annsraja ... Petitioners/Accused No.2 to 4 Vs.

1.State represented by its The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.

...1st Respondent/Investigation Officer 2.The Inspector of Police, Panagudi Police Station, Tirunelveli District.

(Crime No.190/2023) ...2nd Respondent/Complainant 3.Rajakumari ... 3rd Respondent/Defacto Complainant/ Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned II-Additional Sessions Judge (PCR Act Cases) Tirunelveli, to consider the bail application on their surrender on the same day, if any petition filed by the petitioners in Crime No. 190/2023 on the file of the 2nd respondent.

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For Petitioners : Mr.Susi Kumar 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 II Additional Sessions Judge (PCR Act Cases) Tirunelveli, to consider the bail application on their surrender on the same day, if any petition filed by the petitioners in Crime No.190 of 2023 on the file of the 2nd respondent. 2.The petitioners are the accused persons in Crime No.190 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 294(b), 506(ii) of IPC, Section 4 of TNPWH Act and Section 3(1)(r), 3(1)(s) 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 petitioners are having previous case, which is not similar in nature. 4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 2/4

1) The petitioners shall appear before the learned II Additional Sessions Judge (PCR Act Cases), Tirunelveli, 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 petitioners and pass orders on merits on the same day of their 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 II Additional Sessions Judge (PCR Act Cases), Tirunelveli.

2.The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.

3.The Inspector of Police, Panagudi Police Station, Tirunelveli District.

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

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