Durai @ Shanmugaiya v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Durai @ Shanmugaiya ... Petitioner / Sole Accused Vs.

State represented by its 1.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Alangulam, Tenkasi District.

2.The Inspector of Police, Pavoorchatram Police Station, Tenkasi District.

(Cr.No.99 of 2023).

3.Chellaiya ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Additional District Court No.II for PCR Act Cases, Tirunelveli to consider the bail application at the time of surrender of the petitioner in connection with Cr.No.99 of 2023 dated 19.03.2023 is pending investigation on the file of the 2nd respondent police. For Petitioner : Mr.S.Velrajan For R1 and R2 : Mr.B.Nambiselvan for R1 & R2 Government Advocate (Crl. Side) 1/4

O R D E R This petition has been filed to direct the learned Additional District Court No.II for PCR Act Cases, Tirunelveli to consider the bail application at the time of surrender of the petitioner in connection with Cr.No.99 of 2023 dated 19.03.2023 is pending investigation on the file of the 2nd respondent police.

2. The petitioner is a accused person in Crime No.99 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 294(b) & 506(i) of IPC read with Section 3(1)(r) & 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015.

3. Mr.B.Nambiselvan, learned Additional Public Prosecutor, accepts notice for the respondents 1 and 2. He would further submitted no previous case has been registered against the petitioner.

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 2/4

learned Additional District Court No.II for 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.

24.04.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No pnn 3/4

G.ILANGOVAN. J.

pnn To

1. The Additional District Court No.II for PCR Act Cases, Tirunelveli. 2.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Alangulam, Tenkasi District. 3.The Inspector of Police, Pavoorchatram Police Station, Tenkasi District.

(Cr.No.99 of 2023).

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

24.04.2023 4/4