Madras High CourtCRL OP(MD)/9480/2023disposed of

Anbumani v. The Deputy Superintendent Of Police

2023-06-09Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Anbumani 2.Gunasekar 3.Baskar ... Petitioners/Accused Nos.1,2 & 4 Vs.

1.The Deputy Superintendent of Police, Thiruvidaimaruthu, 2.The Inspector of Police, Pandhanallur Police Station, Crime No.315 of 2023 ... 1st & 2nd Respondents/Complainants 3.Rajendiran ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned I Additional District Judge (PCR), Thanjavur to consider the bail application of the petitioners on the same day of their surrender in Crime No.315 of 2023 on the file of the 2nd respondent police.

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For Petitioners : Mr.M.Karunanithi For Respondents : Mr.S.Manikandan for R1 & R2 Government Advocate (Crl. Side) O R D E R This petition has been filed to direct the learned I Additional District Judge (PCR), Thanjavur to consider the bail application of the petitioners on the same day of their surrender in Crime No.315 of 2023 on the file of the 2nd respondent police.

2.The petitioners are the accused persons in Crime No.315 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 294(b), 324, 342, 323 of IPC, Section 3(1)(r) r/w 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.S.Manikandan, learned Government Advocate (Crl. side) accepts notice for the respondents 1 and 2. He would further submit that the injured in this case has been discharged from the hospital and there is no previous antecedents against the petitioners. 4.Considering the facts and circumstances of the case, this Court is 2/5

inclined to pass the following orders :- 1)The petitioners shall appear before the learned I Additional District Judge (PCR Court), Thanjavur, 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. The trial Court shall taken into consider the previous antecedents of the petitioners while passing orders on merits. 5.With the above observation, this Criminal Original Petition is disposed of.

09.06.2023 Index : Yes/No Internet : Yes/No TM To 1.The I Additional District Judge (PCR Court), Thanjavur. 2.The Deputy Superintendent of Police, Thiruvidaimaruthu, 3/5

3.The Inspector of Police, Pandhanallur Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

TM 09.06.2023 5/5