Madras High CourtCRL OP(MD)/11104/2023disposed of

Arulraj v. The Deputy Superintendent Of Police

2023-06-21Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Arulraj

...Petitioner

Vs.

1. State rep. by The Deputy Superintendent of Police, Thiruppathur Taluk, Sivagangai District.

2.The Inspector of Police, Nachiyarpuram Police Station, Sivagangai District.

(Crime No.55 of 2023) 3.Meenal .... Respondents PRAYER: This Criminal original Petition is filed under Section 482 Cr.P.C., to direct the Additional District and Sessions Court for the Exclusive trial of (PCR Act Cases), Sivagangai to consider the bail application of the petitioner on the same day of filing in Crime No.55 of 2023 on the file of the 2nd respondent police Station. 1/6

For Petitioner : Mr.N. Jeyaram Sidharth For Respondents 1 &2 : Mr.B. Nambiselvan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Additional District and Sessions Court for the Exclusive trial of (PCR Act Cases), Sivagangai to consider the bail application of the petitioner on the same day of filing in Crime No.55 of 2023 on the file of the 2nd respondent police Station.

2.The petitioner is the accused in Crime No.55 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 506(i) IPC r/w. Sections 3(1)(r) and 3(1) (s) of SC/ST (POA) Amendment Act, 2015.

3. Mr.B.Nambiselvan, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He would further submit that it is a case of case and counter and no one has sustained injury. 4.Considering the facts and circumstances of the case, this Court is 2/6

inclined to pass the following orders :- 1)The petitioner shall appear before the learned Additional District and Sessions Court for the Exclusive trial of (PCR Act Cases), Sivagangai, 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 petitioner and pass orders on merits on the same day of his surrender, after hearing the de facto complainant by complying with Section 15A(3) of the Act. The trial Court shall taken into consideration the previous antecedents of the petitioner while passing orders on merits.

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

21.06.2023 Index :

Yes / No Internet :

Yes / No trp 3/6

To 1.The Additional District and Sessions Court for the Exclusive trial of (PCR Act Cases), Sivagangai 1.The Deputy Superintendent of Police, Thiruppathur Taluk, Sivagangai District.

2.The Inspector of Police, Nachiyarpuram Police Station, Sivagangai District.

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

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G.ILANGOVAN,J trp Order made in 5/6

Dated :21.06.2023 6/6