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Madras High CourtCRL OP(MD)/11067/2023disposed of

Kodimalar @ Annamanickam 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 HON'BLE MR.JUSTICE G.ILANGOVAN Kodimalar @ Annamanickam

...Petitioner

Vs.

1. The Deputy Superintendent of Police, Pudukkottai Police Station Division, Pudukkottai.

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

(Crime No.153/2023) 3.Rajyavarthanan .... Respondents PRAYER: This Criminal original Petition is filed under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Court (PCR Court), Pudukkottai to accept the surrender of the petitioner and consider the bail application on the same day on merit relating to Crime No.153 of 2023, dated 16.06.2023.

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For Petitioner : Mr.D. Rameshkumar For Respondents 1 &2 : Mr.B. Nambiselvan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the learned Principal District and Sessions Court (PCR Court), Pudukkottai to accept the surrender of the petitioner and consider the bail application on the same day on merit relating to Crime No.153 of 2023, dated 16.06.2023. 2.The petitioner is the accused in Crime No.153 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b) IPC r/w. Section 3(1)(r), 3(1) (s) of SC/ST (POA) Amendment Act, 1989.

3. Mr.B.Nambiselvan, learned Additional Public Prosecutor accepts notice for the respondents 1 and 2. He would further submit that the injured has already been discharged from the hospital and there is no previous case pending against the petitioner. 4.Considering the facts and circumstances of the case, this Court is 2/5

inclined to pass the following orders :- 1)The petitioner shall appear before the learned Principal District and Sessions Court (PCR Court), Pudukkottai, 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 consider 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 3/5

To

1. The learned Principal District and Sessions Court (PCR Court), Pudukkottai

2. The Deputy Superintendent of Police, Pudukkottai Police Station Division, Pudukkottai.

3.The Inspector of Police, Annavasal Police Station, Pudukkottai District.

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

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G.ILANGOVAN,J trp Order made in Dated :21.06.2023 5/5