Madras High CourtCRL OP(MD)/15813/2022disposed of

Elangovan v. The Deputy Superintendent Of Police

2022-09-08Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Elangovan .. Petitioner/Accused No.3 Vs.

1.State rep. by The Deputy Superintendent of Police, Jeeyapuram Sub-Division, Trichy District.

2.The Inspector of Police, Vathalai Police Station, Trichy District.

(Crime No.131 of 2022) .. Respondents/Complainant 3.Kannan .. Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned I Additional District Judge (PCR), Trichy, Trichy District to accept the surrender of the petitioner and consider the bail application on merits on the date of his surrender in Crime No. 131/2022 on the file of the 2nd respondent police on the very same day. For Petitioners : Mr.M.Pitchai Muthu For Respondents : Mr.A.Albert James Government Advocate (Crl. Side) 1/5

O R D E R This petition has been filed to direct the learned I Additional District Judge (PCR), Trichy, Trichy District, to accept the surrender of the petitioner and consider the bail application on the date of his surrender in connection with Crime No.131 of 2022 on the file of the 2nd respondent Police.

2.The petitioner is the accused No.3 in Crime No.131 of 2022 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 307 & 341 of IPC, r/w Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.A.Albert James, learned Government Advocate (Crl. side) accepts notice for the respondents 1 and 2. He submitted that no previous case is pending against the petitioner and the defacto complainant is sustained simple injuries.

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 2/5

I Additional District Judge (PCR Court), Trichy, Trichy District, 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 their surrender, after hearing the defacto complainant by complying with Section 15A(5) of the Act.

5.With the above observation, this Criminal Original Petition is disposed of.

08.09.2022 Index : Yes/No Internet : Yes/No TM To 1.The I Additional District Judge (PCR Court), Trichy, Trichy District. 2.The Deputy Superintendent of Police, Jeeyapuram Sub-Division, Trichy District.

3.The Inspector of Police, Vathalai Police Station, Trichy District.

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

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G.ILANGOVAN. J.

TM 08.09.2022 5/5