Pravin @ Praveenkumar v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2023
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.9676 of 2023
1. Pravin @ Praveenkumar 2.Maruthapandi 3.Manikandan 4.Mahesan @ Maheswaran 5.Ganesan 6.Sathish @ Sathiskumar 7.Muneswaran 8.Vellaisamy @ Alaguvellaisamy
...Petitioners
Vs.
1. The Deputy Superintendent of Police, Thirumangalam Circle, Thirumangalam, Madurai District.
2.State rep. by Inspector of Police, Kallikudi Police Station, Madurai District.
3)Vijayapandi .... Respondents PRAYER: This Criminal original Petition is filed under Section 482 Cr.P.C., to direct the III Additional District and Sessions Judge, Madurai (PCR Court) to consider the bail application to be filed by the petitioners 1/5
on the same day in Crime No. 96 of 2023 on the file of the Inspector of Police, Kallikkudi Police Station pending investigation. For Petitioners : Ms. R. Vennila For Respondents 1 and 2 : Mr.B. Nambiselvan Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to direct the III Additional District and Sessions Judge, Madurai (PCR Court) to consider the bail application to be filed by the petitioners on the same day in Crime No. 96 of 2023 on the file of the Inspector of Police, Kallikkudi Police Station pending investigation.
2.The petitioners are the accused persons in Crime No.96 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 147, 148, 323, 324 IPC r/w. Section 3(1)(r), 3(1)(s) and 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance Act, 2014.
3. Mr.B.Nambiselvan, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He would further submit that 2/5
the injured discharged from the hospital and there is no previous case pending against the petitioners.
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 III Additional District and Sessions Judge, Madurai (PCR Court), 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.
06.06.2023 Index :
Yes / No Internet :
Yes / No trp 3/5
To 1.The Deputy Superintendent of Police, Thirumangalam Circle, Thirumangalam, Madurai District.
2. The Inspector of Police, Kallikudi Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN,J trp Order made in Crl.O.P.(MD)No.9676 of 2023 Dated :06.06.2023 5/5