Madras High CourtCRL OP(MD)/13355/2023dismissed

Manivannan v. The Deputy Superintendent Of Police

2023-07-26Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.13355 of 2023 1.Manivannan 2.Balu 3.Udhayakumar 4.Stalin ... Petitioners Vs.

1.The Deputy Superintendent of Police, Pattukottai, Thanjavur District.

2.State rep.by The Inspector of Police, Madukkur Police Station, Thanjavur District.

Crime No.163 of 2023.

3.Elangovan ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st Additional District Court/PCR, Thanjavur District to accept the surrender of the petitioners along with bail application in Crime No.163 of 2023 on the file of the second respondent Police herein. 1/5

For Petitioner : Mr.T.Sekar For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) O RDER This Criminal Original Petition is filed seeking for a direction to the 1st Additional District Court/PCR, Thanjavur District, to accept the surrender of the petitioners and consider the bail application filed by them on the very same day.

2. It is submitted by the learned counsel appearing for the petitioners that on a complaint filed by the defacto complainant, a case in Crime No.163 of 2023 has been registered on the file of the respondent No.2 for the offence under Sections 294(b), 342, 352, 323, 324 and 506(ii) of IPC r/w. Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Schedule Caste and the Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015 and the investigation is in progress. Therefore, he sought for a direction to the learned Session Judge to accept the surrender and consider the bail application on the very same day. 2/5

3. The learned Government Advocate appearing for the respondents Police, on the other hand, submits that the petitioners and the other accused have committed the offence against the defacto complainant/injured, on account of which, the injured has received severe bleeding injuries on the nose and still the victim is in the hospital. Therefore, he strongly opposed for granting the relief as sought for by the petitioners in the present petition.

4. Considering the circumstances wherein the petitioners are stated to have committed the offence brutally, on account of which, the injured has received severe bleeding injuries and the treatment is going on in the hospital, it is not a right stage where the request of the petitioners can be considered. Therefore, this Criminal Original Petition is dismissed. Index : Yes/No 26.07.2023 Internet : Yes/No ssb 3/5

To 1.The Deputy Superintendent of Police, Pattukottai, Thanjavur District.

2.The Inspector of Police, Madukkur Police Station, Thanjavur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

DR.D.NAGARJUN. J.

ssb 26.07.2023 5/5