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Madras High CourtCRL OP(MD)/10131/2023disposed of

Kumaresan v. The Deputy Superintendent Of Police

2023-06-12Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Kumaresan 2.Arun @ Arunkumar 3.Ramasamy 4.Kalaimani

...Petitioners

Vs.

1. The Deputy Superintendent of Police, Lalgudi Division, Trichy District.

2. The Inspector of Police, Siruganur Police Station, Trichy District.

(Crime No.130 of 2023) 3.Anbunathan .... Respondents PRAYER: This Criminal original Petition is filed under Section 482 Cr.P.C., for issuing a direction to the I Additional Sessions Judge Cum Special Judge, PCR Court, Trichy to pass order on the bail petition filed by the petitioner on the same day of surrender in crime No.130 of 2023 on the 1/5

file of the Inspector of Police, Siruganur Police Station, Trichy District. For Petitioners : Mr.S.B.Kayvin Prince For Respondents : Mr.B. Nambiselvan Additional Public Prosecutor

ORDER

This petition has been filed to direct the I Additional Sessions Judge Cum Special Judge, PCR Court, Trichy, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No. 130 of 2023 on the file of the 2nd respondent Police.

2.The petitioners are the accused persons in Crime No.130 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 427, 506(2) IPC and Section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.B.Nambiselvan, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He would further submit that there is no previous case pending against the petitioner. 2/5

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 learned I Additional Sessions Judge Cum Special Judge, PCR Court, Trichy, 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.

3) The Special Court may taken into account Section 427 IPC as alleged in the complaint at the time of hearing.

5.With the above observation, this Criminal Original Petition is disposed of.

12.06.2023 Index :

Yes / No Internet :

Yes / No trp 3/5

To

1. The Deputy Superintendent of Police, Lalgudi Division, Trichy District.

2. The Inspector of Police, Siruganur Police Station, Trichy District.

3.I Additional Sessions Judge Cum Special Judge, PCR Court, Trichy, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

G.ILANGOVAN,J trp Order made in Dated :12.06.2023 5/5