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Madras High CourtCRL OP(MD)/10506/2023disposed of

Thavamani 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 HON'BLE MR.JUSTICE G.ILANGOVAN

1. Thavamani

2. Pandian @ Pandi 3.Vijay

...Petitioners

Vs.

1.State through The Deputy Superintendent of Police, Virudhunagr, Virudhungar District.

2. State through The Inspector of Police, Soolakarai Police Station, Virudhunagar, Virudhunagar District.

(Crime No.101/2023) 3.Murugan .... Respondents PRAYER: This Criminal original Petition is filed under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Judge (Special case Court for PCR), Srivilliputur at Virudhunagar District to accept the surrender of the petitioners / accused No.1 to 3 and consider their bail application on the same day in connection with Crime No.101 of 1/5

2023 on the file of the 2nd respondent police. For Petitioners : Mr.G. Mariappan For Respondents 1 &2 : Mr.B. Nambiselvan Additional Public Prosecutor

ORDER

This petition has been filed to direct the learned Principal District and Sessions Judge (Special case Court for PCR), Srivilliputur at Virudhunagar District to accept the surrender of the petitioners / accused No.1 to 3 and consider their bail application on the same day in connection with Crime No.101 of 2023 on the file of the 2nd respondent police.

2.The petitioners are the accused persons in Crime No.101 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 506(i), 506(ii) IPC and 3(1)(r), 3(1)(s) and 3(2)(Va) 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 further submitted that the injured 2/5

was discharged from the 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 Judge (Special case Court for PCR), Srivilliputur at Virudhunagar District 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.

5.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 Principal District and Sessions Judge (Special case Court for PCR), Srivilliputur at Virudhunagar District

2. The Deputy Superintendent of Police, Virudhunagr, Virudhungar District.

3. The Inspector of Police, Soolakarai Police Station, Virudhunagar, Virudhunagar District.

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

4/5

G.ILANGOVAN,J trp Order made in Dated :14.06.2023 5/5