Madras High CourtCRL OP(MD)/7377/2023disposed of

Sakthi @ Sivasakthi v. The Deputy Superintendent Of Police

2023-04-20Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Sakthi @ Sivasakthi 2.Lenin 3.Saran @ Saranraj 4.Vetri @ Vetriselvan 5.Bala 6.Vishnu ... Petitioners/Accused Nos.3 to 8 Vs.

1.The Deputy Superintendent of Police, Thiruppathur, Sivagangai District.

2.State:

Rep. The Inspector of Police, Singampunari Town Police Station, Sivagangai District.

(Crime No.58 of 2023) ... Respondents/Complainants 3.Sekar ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Principal District and Sessions Judge (PCR Court), Sivagangai, to accept the surrender of the petitioners and 1/5

consider their bail application on the same day on merit relating to Crime No.58/2023 dt.08.04.2023.

For Petitioners : Mr.S.Ragaventhre 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 Principal District and Sessions Judge (PCR Court), Sivagangai, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No. 58 of 2023 on the file of the 2nd respondent Police.

2.The petitioners are the accused persons in Crime No.58 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 147, 294(b) [Though it was wrongly stated as 234(b) in the first page of FIR, in para No.12 of the FIR it was mentioned as 294(b)] 323, 324 of IPC r/w Section 4 of TNPHW Act and Sections 3(1)(r) & (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.B.Nambiselvan, learned Additional Public Prosecutor, 2/5

accepts notice for the respondents 1 and 2. He would submit that injured person in this case has been discharged from the hospital. 4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioners shall appear before the learned Principal District and Sessions Judge (PCR Court), Sivagangai, 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.

20.04.2023 Index : Yes/No Internet : Yes/No TM 3/5

To 1.The Principal District and Sessions Judge (PCR Court), Sivagangai. 2.The Deputy Superintendent of Police, Thiruppathur, Sivagangai District.

3.The Inspector of Police, Singampunari Town Police Station, Sivagangai District.

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

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G.ILANGOVAN. J.

TM 20.04.2023 5/5