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Madras High CourtCRL OP(MD)/11603/2023disposed of

Karthikadevi v. The Deputy Superintendent Of Police

2023-06-28Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.11603 of 2023 Karthikadevi ... Petitioner/Sole Accused Vs.

1. The Deputy Superintendent of Police, Uthamapalayam, Theni District.

2. The State, represented by The Inspector of Police, Odaipatti Police Station, Theni District.

Crime No.69 of 2023.

...Respondents 1 & 2/Complainants

3. Suruli ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Court for PCR Act Cases, Theni, to accept the surrender and consider the bail petition to be filed by the Petitioner in Cr.No.69 of 2023 on the file of the 2nd respondent Police on the same day on merits.

For Petitioners : Mr.Purantharadhas A For R1 and R2 : Mr.B.Nambiselvan for R1 & R2 Additional Public Prosecutor 1/4

O R D E R This petition has been filed to direct the learned Special Court for PCR Act Cases, Theni, to accept the surrender and consider the bail petition to be filed by the Petitioner in Cr.No.69 of 2023 on the file of the 2nd respondent Police on the same day on merits. 2.The petitioner is the accused persons in Crime No.69 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 3(1)(q) 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 submit that the petitioner is having no previous case.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioner shall appear before the learned Special Court for PCR Act Cases, Theni, within a period of 15 days from the date of receipt of a copy of this order.

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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 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.

28.06.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The learned Special Court for PCR Act Cases, Theni.

2.The Deputy Superintendent of Police, Uthamapalayam, Theni District.

3.The Inspector of Police, Odaipatti Police Station, Theni District.

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

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