Madras High CourtCRL OP(MD)/10962/2023disposed of

Muthu v. The Deputy Superintendent Of Police

2023-06-20Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.10962 of 2023

1. Muthu

2. Sethupathy @ Sethuraman

3. Aappavai @ Murugesan

4. Guna

5. Nagaraj @ Nagaraju ... Petitioners/Accused No.9 to 13 Vs.

1.The Deputy Superintendent of Police, Musiri Sub Division, Trichy District.

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

(Crime No.149 of 2023).

... Respondents 1 & 2/Complainants

3. Rajavel ... 3rd Respondent/Defacto Complainant 1/5

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned I Additional District Court (PCR) Tiruchirappalli, to consider the bail application of the petitioners concerned in Crime No.149 of 2023 on the file of the Inspector of Police, Thottiyam Police Station, Trichy District/second respondent herein. For Petitioners : Mr.Yamuna R For Respondents : Mr.B.Nambiselvan for R1 & R2 Additional Public Prosecutor O R D E R This petition has been filed to direct the learned I Additional District Court (PCR) Tiruchirappalli, to consider the bail application of the petitioners concerned in Crime No.149 of 2023 on the file of the Inspector of Police, Thottiyam Police Station, Trichy District/second respondent herein.

2.The petitioners are the accused persons in Crime No.149 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 147, 148, 341, 294(b), 324, 427, 506(ii) 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. 2/5

3.Mr.B.Nambiselvan, learned Additional Public Prosecutor, accepts notice for the respondents 1 and 2. He would submit that the petitioner caused damage to the third respondent's property. 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 District Court (PCR) Tiruchirappalli, 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.

3) The learned I Additional District Judge (PCR), Tiruchirappalli, is directed to take into consideration of the damage that was caused by the petitioner at that time of considering the petitioner's bail application.

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

20.06.2023 Index : Yes/No Internet : Yes/No Indu To 1.The learned I Additional District Court (PCR), Tiruchirappalli.

2.The Deputy Superintendent of Police, Musiri Sub Division, Trichy District.

3.The Inspector of Police, Thottiyam Police Station, Trichy District.

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

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G.ILANGOVAN. J.

Indu 20.06.2023 5/5