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Madras High CourtCRL OP(MD)/9777/2023disposed of

Ramamoorthy 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.9777 of 2023 Ramamoorthy

...Petitioner

Vs.

1. The State rep. by the Deputy Superintendent of Police, Kamuthi Division, Ramnad District.

2.The Inspector of Police, Kovilankulam Police Station, Ramnad District.

3.Alagiyavalli .... Respondents PRAYER: This Criminal original Petition is filed under Section 482 Cr.P.C., to direct the Principal District and Sessions Judge (Special Court for PCR Cases), Ramanthapuram to consider his bail application on the same day of his surrender in respect of Crime No.26 of 2023 on the file of the 2nd respondent pending investigation.

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For Petitioner : Mr. D. Venkatesh For Respondents 1 and 2 : Mr.B. Nambiselvan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Principal District and Sessions Judge (Special Court for PCR Cases), Ramanthapuram to consider his bail application on the same day of his surrender in respect of Crime No.26 of 2023 on the file of the 2nd respondent pending investigation.

2.The petitioner is the accused in Crime No.26 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections Sections 3(1)(s) (w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

3. Mr.B.Nambiselvan, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He would further submit that the petitioner is having one previous case under Section 110 Cr.P.C., except that there is no other case is pending against him. 2/5

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 Principal District and Sessions Judge (Special Court for PCR Cases), Ramanthapuram 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, Kamuthi Division, Ramnad District.

2.The Inspector of Police, Kovilankulam Police Station, Ramnad 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.9777 of 2023 Dated :06.06.2023 5/5