Madras High CourtCRL OP(MD)/10511/2023disposed of

R.Shanthi v. The Deputy Superintendent Of Police

2023-06-14Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No. 10511 of 2023 1.R.Shanthi 2.S.Maheswari ... Petitioners Vs.

1.The State rep. by The Deputy Superintendent of Police, Sivakasi Range, Virudhunagar District.

2.The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

(Crime No.204 of 2023) 3.Ayyammal n... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned III Additional Sessions Judge (PCR), Madurai to accept the surrender of the petitioners in Crime No.204 of 2023 on the file of the respondent police and to consider the bail application on the same day.

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For Petitioners : Mr.J.Vijayaraj For Respondents : Mr.B. Nambiselvan Additional Public Prosecutor O R D E R This petition has been filed to direct the Additional District Judge (PCR), Srivilliputur. to accept the surrender of the petitioners in Crime No.204 of 2023 on the file of the respondents police and to consider the bail application on the same day.

2.The petitioners are the accused persons in Crime No.204 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 506(i) IPC r/w. 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. The learned counsel appearing for the petitioners submitted that in the prayer portion name of the Court has been wrongly mentioned as III Additional Sessions Judge (PCR), Madurai instead of Additional District Judge (PCR), Srivilliputur.

4.Mr.B. Nambiselvan, learned Additional Public Prosecutor 2/5

accepts notice for the respondents 1 and 2. He would further submit that the injured has already been discharged from the hospital.

5. Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioners shall appear before the Additional District Judge (PCR), Srivilliputur, 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. 6.With the above observation, this Criminal Original Petition is disposed of.

14.06.2023 Index : Yes/No Internet : Yes/No trp 3/5

To 1.The Additional District Judge (PCR), Srivilliputur. 2.The Deputy Superintendent of Police, Sivakasi Range, Virudhunagar District.

3.The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

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

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G.ILANGOVAN. J.

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