Madras High CourtCRL OP(MD)/11099/2023disposed of

Mani @ Manikandan v. The Deputy Superintendent Of Police

2023-06-21Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.11099 of 2023

1. Mani @ Manikandan

2. Bhuvanesh @ Bhuvaneshwaran 3.Yogesh @ Yogeshwaran 4.Dinesh ... Petitioners Vs.

1.The Deputy Superintendent of Police, Keeranur Region, Pudukkottai District.

2.The State rep. by The Inspector of Police, Keeranur Police Station, Pudukkottai District.

(Crime No.197 of 2023) 3.Ramki ..

Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Principal Sessions Judge (Special Court for PCR Cases), Pudukkottai District to consider the consider the bail application filed by the petitioners on the same day of surrender in Crime No.197 of 2023 on the file of the 2nd respondent.

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For Petitioners : Mr. P. Ganapathi Subramanian For Respondents : Mr.B. Nambiselvan Additional Public Prosecutor O R D E R This petition has been filed to direct the Principal Sessions Judge (Special Court for PCR Cases), Pudukkottai District to consider the consider the bail application filed by the petitioners on the same day of surrender in Crime No.197 of 2023 on the file of the 2nd respondent. 2.The petitioners are the accused persons in Crime No.197 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 147, 294(b), 323, 324, 342 IPC and Section 3(1)(r), 3(1)(a) and 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment 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 was discharged from the hospital and in respect the petitioners there is no case is pending against them. 2/5

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioners shall appear before Principal Sessions Judge (Special Court for PCR Cases), Pudukkottai 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.

21.06.2023 Index : Yes/No Internet : Yes/No trp 3/5

To 1.The Principal Sessions Judge (Special Court for PCR Cases), Pudukkottai District 2.The Deputy Superintendent of Police, Keeranur Region, Pudukkottai District.

3.The State rep. by The Inspector of Police, Keeranur Police Station, Pudukkottai District.

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

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G.ILANGOVAN. J.

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