Madras High CourtCRL OP(MD)/7877/2023disposed of

Prabakaran v. The Deputy Superintendent Of Police

2023-04-27Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN

1. Prabakaran

2. Jeyapandi ... Petitioners/Accused 1&2 Vs.

1.The Deputy Superintendent of Police, Usilampatti Sub-Division, Madurai District.

2.The State rep. by The Inspector of Police, Checkanurani Police Station, Madurai District.

(Crime No.153 of 2023) ...1st and 2nd Respondents/ Complainants 3.Babu ...3rd Respondent/Defacto Complainant

4. Peyathevar ...4th Respondent/Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned III Additional District and Sessions Judge/PCR Court, Madurai, to accept the surrender of the petitioners and consider the bail application on the same day on merits in relating to Crime No.153 of 2023 dated 18.04.2023 on the file of the respondent 1/4

police.

For Petitioners : Mr.M.Vasanthan For Respondents : Mr.R.Suresh Kumar Government Advocate (Crl. Side) O R D E R This petition has been filed to direct the learned III Additional District and Sessions Judge/PCR Court, Madurai, to accept the surrender of the petitioners and consider the bail application on the same day on merits in relating to Crime No.153 of 2023 dated 18.04.2023 on the file of the second respondent police.

2.The petitioners are the accused persons in Crime No.153 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 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.R.Suresh Kumar, learned Government Advocate (Crl. Side), accepts notice for the respondents 1 and 2. He would further submitted that the petitioners are having previous case, which is not similar in nature.

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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 III Additional District and Sessions Judge/PCR Court, Madurai, 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.

27.04.2023 Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To

1. The III Additional District and Sessions Court/PCR Court, Madurai.

2. Deputy Superintendent of Police, Usilampatti Sub-Division, Madurai District.

3. The Inspector of Police, Checkanurani Police Station, Madurai District.

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

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