Madras High CourtCRL OP(MD)/10065/2023disposed of

Murugan v. The Deputy Superintendent Of Police

2023-06-09Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN

1. Murugan

2. Duraimurugan

3. Senthoorpandi @ Senthu Irulapandi

4. Vetrivel @ Vetrivel Raja

5. Arikrishnan @ Harikrishnan

6. Ramu

7. Boominathan ... Petitioners/Accused Nos.1 to 7 Vs.

1. The Deputy Superintendent of Police, Thiruchuli, Virudhunagar District.

2. The Sub Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

Crime No.107 of 2023 ... 1st and 2nd Respondents/Complainant

2. Sabari ... 3rd Respondent/Defacto Complainant 1/4

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Principal District and Sessions Court, Virudhunagar District at Srivilliputtur (Special Court for SC/ST Act Cases) to accept the surrender of the Petitioners and consider their bail application on the same day on merits in relating to Crime No.107 of 2023 on the file of the second respondent Police.

For Petitioners : Mr. Jothi Basu M For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor O R D E R This petition has been filed to direct the Principal District and Sessions Court, Virudhunagar District at Srivilliputtur (Special Court for SC/ST Act Cases) to accept the surrender of the Petitioners and consider their bail application on the same day on merits in relating to Crime No.107 of 2023 on the file of the second respondent Police. 2.The petitioners are the accused persons in Crime No.107 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 147, 294(b), 323, 506(i) of IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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3.Mr.B.Nambiselvan, learned Additional Public Prosecutor, accepts notice for the respondents 1 and 2. He would further submitted that it is a case and counter case and injured was not admitted in hospital. 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 Principal District and Sessions Court, Virudhunagar District at Srivilliputtur (Special Court for SC/ST Act Cases), 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.

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

09.06.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The Principal District and Sessions Court, (Special Court for SC/ST Act Cases), Virudhunagar District at Srivilliputtur.

2. The Deputy Superintendent of Police, Thiruchuli, Virudhunagar District.

3. The Sub Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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