M.Sundaralingam @ Sundaramagalingam v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.11154 of 2023
1. M.Sundaralingam @ Sundaramagalingam
2. M.Manikandan
3. S.Kesavan
4. K.P.Saravanan
5. S.Meenatchisundaram
6. V.Vadivel
7. R.Manikandan
8. P.Thivasigamani
9. C.Veerapandi @ Veerapandiyan
10. A.Nijanthan
11. Arunkumar @ Arun ... Petitioners/Accused 3 to 13 Vs.
1. The Deputy Superintendent of Police, Ponamaravathi, 1/5
2. The Inspector of Police, Panayapatti Police Station,
...Respondents 1 and 2/Complainants
3. Prakash ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned District and Sessions Judge (PCR Cases), Pudukottai to consider their bail application on the surrender of the petitioners/accused on the same day in connection with crime No. 39/2023 dated 15.06.2023 on the file of the respondent Police on merits on the same day.
For Petitioners : Mr.Narendren C 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 District and Sessions Judge (PCR Cases), Pudukottai to consider their bail application on the surrender of the petitioners/accused on the same day in connection with crime No.39/2023 dated 15.06.2023 on the file of the respondent Police on merits on the same day.
2.The petitioners are the accused persons in Crime No.39 of 2023 on the file of the 2nd respondent police for the offences punishable under 2/5
Sections 147, 341, 294(b), 323, 506(i) of IPC and Sections 3(1)(r), 3(1) (s) and 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3.Mr.B.Nambiselvan, learned Additional Public Prosecutor, accepts notice for the respondents 1 and 2. He would further submit that injured has been discharged from the hospital. 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 and Sessions Judge (PCR Cases), Pudukottai, 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.
3/5
5.With the above observation, this Criminal Original Petition is disposed of.
23.06.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu To
1. The learned District and Sessions Judge (PCR Cases), Pudukottai.
2.The Deputy Superintendent of Police, Ponamaravathi,
3. The Inspector of Police, Panayapatti Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN. J.
Indu 23.06.2023 5/5