Chandrabose v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.16217 of 2022 1.Chandrabose 2.Madhavan

...Petitioners

vs

1. The Deputy Superintendent of Police Thanjavur.

2.The Inspector of Police Town Sough Police Station Crime No.1087 of 2022 3.Rajam

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Principal Sessions Judge (Special Court for PCR Cases), Thanjavur District to consider the bail applications filed by the Petitioners on the same day of surrender in Crime No.1087 of 2022 on the file of the 2nd Respondent.

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For Petitioners : Mr.P.Ganapathi Subramanian For R1 & R2 : Mr.A.Albert James Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the learned Principal Sessions Judge (Special Court for PCR Cases), Thanjavur District, to consider the Petitioners' bail applications on the same day of surrender in Crime No.1087 of 2022 on the file of the 2nd Respondent.

2. It is the submission of the learned Counsel for the Petitioners that the complaint filed by the defacto complainant was closed as mistake of fact.

3.The learned Government Advocate(Crl.Side) for the Respondents 1 and 2 would submit that the case arises out of civil dispute and the injured has been discharged from the hospital. He would further submit that A2, the 2nd Petitioner, is having previous cases.

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4.Considering the submissions made by the learned Counsel for the Petitioners and the learned Government Advocate (Crl.side), this Criminal Original Petition is allowed with the following conditions:- i) The Petitioners are directed to surrender before the learned Principal Sessions Judge (Special Court for PCR Cases), Thanjavur District, within 15 days from the date of receipt of a copy of this order or from the date of uploading the copy of this order in the official web-site of this Court.

ii) On such surrender by the Petitioners, the learned Principal Sessions Judge (Special Court for PCR Cases), Thanjavur District, shall consider the bail applications of the Petitioners and dispose of the same as per law.

16.09.2022 Internet:Yes/No Index:Yes/No mm To 1.The Principal Sessions Judge (Special Court for PCR Cases), 3/4

SATHI KUMAR SUKUMARA KURUP , J.

mm

2. The Deputy Superintendent of Police Thanjavur.

3.The Inspector of Police Town Sough Police Station 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL.O.P (MD) No.16217 of 2022 16.09.2022 4/4