Madras High CourtCRL OP(MD)/8522/2023allowed

Rohith v. The Deputy Superintendent Of Police

2023-05-04Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.05.2023

CORAM:

THE HONOURABLE MRS. JUSTICE R. THARANI Rohith ... Petitioner/ Accused No.10 Vs.

1.The State represented by The Deputy Superintendent of Police, Melur Sub Division, Madurai District.

2.The Inspector of Police, Kottampatti Police Station, Kottampatti, Madurai District.

(Crime No.116 of 2023) 3.Veeraiah ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to consider the bail application of the petitioner on merits in accordance with law on the same day in connection with Crime No.116 of 2023, dated 04.04.2023, on the file of the respondents by the III Additional District Court (PCR) at Madurai within a stipulated time that may fixed by this Court.

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For Petitioner : Mr.P.Ponraj For Respondents : Mr.S.Manikandan Government Advocate (Crl.Side) for R.1 & R.2 O R D E R This petition has been filed to consider the bail application of the petitioner on merits in accordance with law on the same day in connection with Crime No.116 of 2023, dated 04.04.2023, on the file of the respondents by the III Additional District Court (PCR) at Madurai.

2. The petitioners are the accused persons in Crime No.116 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 147, 148, 294(b), 447, 427, 506(2) of IPC r/w Section 3(1) (r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015.

3. Mr.S.Manikandan, learned Government Advocate (Crl.side), accepts notice for the respondents 1 and 2. He would further submitted that no one has sustained injury and the co-accused has already been released on bail.

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4. Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- i) The petitioners shall appear before the learned III Additional District Court (PCR) at Madurai, within a period of 15 days from the date of receipt of a copy of this order.

ii) The petitioner shall serve a notice to the defacto complainant three days prior to his surrender. iii) 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 preferably 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.

04.05.2023 Index : Yes/No Internet : Yes/No NCC : Yes/No pnn 3/4

R. THARANI . J.

pnn To 1.The III Additional District Court (PCR), Madurai 2.The Deputy Superintendent of Police, Melur Sub Division, Madurai District.

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

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

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