Madras High CourtCRL OP(MD)/11316/2023disposed of

Ramanathan v. The Deputy Superintendent Of Police

2023-06-23Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.11316 of 2023

1. Ramanathan

2. Kalarani @ Kalaivani

3. Kannaki

4. Suresh Kumar

5. Muruganantham ... Petitioners/Accused 1 to 5 Vs.

1. The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

...1st Respondent/Investigating Officer

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

(Crime No.217 of 2023).

...2nd Respondent/Complainant

3. Suganya ...3rd Respondent/Victim cum Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Sessions Judge and Special Court for SC/ST (PCR) Sivagangai to accept the surrender of the petitioner in connection 1/4

with the crime No.217 of 2023 pending investigation on the file of 2nd respondent police and to consider and pass orders in the bail application on the same day.

For Petitioners : Mr.Kannan V For R1 and R2 : Mr.B.Nambiselvan for R1 & R2 Additional Public Prosecutor O R D E R This petition has been filed to direct the learned Sessions Judge and Special Court for SC/ST (PCR) Sivagangai, to accept the surrender of the petitioner in connection with the crime No.217 of 2023 pending investigation on the file of 2nd respondent police and to consider and pass orders in the bail application on the same day. 2.The petitioners are the accused persons in Crime No.217 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 147, 148, 341, 323, 324, 506(ii) of IPC, 4 of TNPWH Act and Section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015.

2/4

3.Mr.B.Nambiselvan, learned Additional Public Prosecutor, accepts notice for the respondents 1 and 2. He would further submitted that it is a case and counter case and 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 Special Court for SC/ST (PCR) 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 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.

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 3/4

G.ILANGOVAN. J.

Indu To 1.The Special Court for SC/ST (PCR), Sivagangai.

2.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

3.The Inspector of Police, Kalayarkovil Police Station, Sivagangai District.

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

23.06.2023 4/4