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Madras High CourtCRL OP(MD)/9772/2023disposed of

Sujin v. The Deputy Superintendent Of Police

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

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.9772 of 2023 Sujin

...Petitioner

Vs.

1. The Deputy Superintendent of Police, Nanguneri Sub Division, Nanguneri, Tirunelveli District.

2.The Inspector of Police, Nanguneri Police Station, Nanguneri, Tirunelveli District.

(Crime No.146 of 2023)

3. Ramar .... Respondents PRAYER: This Criminal original Petition is filed under Section 482 Cr.P.C., to direct the II Additional District and Sessions Judge, PCR Court, Tirunelveli to consider the bail application of the petitioner on the same day of his surrender in Crime No.146 of 2023 on the file of the 1st and 2nd respondent police.

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For Petitioner : Mr. N. Pragalathan For Respondents 1 and 2 : Mr.B. Nambiselvan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to to direct the II Additional District and Sessions Judge, PCR Court, Tirunelveli to consider the bail application of the petitioner on the same day of his surrender in Crime No.146 of 2023 on the file of the 1st and 2nd respondent police.

2.The petitioner is the accused in Crime No.146 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 506(i) IPC, Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and Section 3(1)(r), 3(1)(s), 3(2)(va) of the of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3. Mr.B.Nambiselvan, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He would further submit that 2/5

there is no previous case is pending 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 II Additional District and Sessions Judge, PCR Court, 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 petitioner and pass orders on merits on the same day of his 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 petitioner 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, Nanguneri Sub Division, Nanguneri, Tirunelveli District.

2.The Inspector of Police, Nanguneri Police Station, Nanguneri, Tirunelveli 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.9772 of 2023 Dated :06.06.2023 5/5