Madras High CourtCRL OP(MD)/10763/2023disposed of

J.Harish Kumar v. The Deputy Superintendent Of Police

2023-06-19Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.J.Harish Kumar 2.M.Dhanabal ... Petitioners/Accused No.2 & 3 Vs.

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

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

(Crime No.182 of 2023) ... Respondents 1 & 2/ Complainants 3.Muthukumar ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Principal District and Sessions Court, Virudhunagar District at Srivillipuhur (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.182 of 2023 on the file of the 2nd respondent police.

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For Petitioners : Mr.M.Jothi Basu For Respondents : Mr.B.Nambiselvan for R1 & R2 Additional Public Prosecutor O R D E R This petition has been filed seeking direction to the Principal District and Sessions Court, Virudhunagar District at Srivillipuhur (Special Court for SC/ST Act Cases), to accept the surrender of the Petitioners in connection with Crime No.182 of 2023on the file of the 2nd Respondent Police on the same day of filing and to consider the Anticipatory Bail/ Bail petition filed by the petitioners on the same day of filing in accordance with law.

2.The petitioners are the accused persons in Crime No.182 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 294(b), 323 and 506(i) of IPC and under Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015.

3.Mr.B.Nambiselvan, learned Additional Public Prosecutor, accepts notice for the respondents 1 and 2. He would further submit that the injured in this case has been discharged from the hospital and there is 2/5

no previous antecedents against the petitioners. 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 District Judge, Principal District and Sessions Court, Virudhunagar District at Srivillipuhur (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. 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.

19.06.2023 Index : Yes/No Internet : Yes/No TM 3/5

To 1.The Principal District and Sessions Court, Virudhunagar District at Srivillipuhur (Special Court for SC/ST Act Cases). 2.The Deputy Superintendent of Police, Sivakasi, Virudhunagar District.

3.The Sub-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.

TM 19.06.2023 5/5