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Madras High CourtCRL OP(MD)/16912/2022disposed of

Chithra v. The Inspector Of Police

2022-09-27Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP 1.Chithra 2.J.Balasubramanian 3.J.Jeyakumar

...Petitioners/Accused Nos.1 to 3

-Vs1.The Inspector of Police, Lalgudi Police Station, Lalgudi, Trichy District.

(In Crime No.338 of 2022) 2.The Deputy Superintendent of Police, DSP Office, Lalgudi, Lalgudi Taluk, Trichy District.

... Respondents/Complainants 3.Nandhakumar ... Respondent/De-Facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District and Sessions Judge (PCR Court), Trichy to take on file the petitioner's bail application and dispose the same on same day.

For Petitioner : Mr.R.Sundar For R1 & R2 : Mr.R.Sureshkumar Government Advocate Mr.T.Leninkumar (for Intervenor) 1/4

ORDER

This Criminal Original Petition has been filed to direct the learned District and Sessions Judge (PCR Court), Trichy to consider the Petitioners' bail application on the date of their surrender in Crime No.338 of 2022 on the file of the Inspector of Police, Lalgudi Police Station, Trichy District. 2.The learned Counsel for the Petitioners submitted that the Petitioners have been arrayed as accused Nos.1,2 and 3 in Crime No.338 of 2022 for the offences punishable under Sections 147, 148, 448, 427, 294(b), 506(2) of IPC and Sections 3(1)(s), 3(1)(r) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Therefore, he seeks direction to the learned District and Sessions Judge (PCR Court), Trichy, to consider the bail application of the petitioners on the date of their surrender before the learned Sessions Judge. 3.The learned Government Advocate (Crl.side) appearing for the Respondents submits that there was a land dispute between the petitioners and defacto complainant. No one sustained injury. He would further submit that no previous case is pending against the Petitioner.

4.Mr.T.Leninkumar, learned Counsel for the Intervenor raised objection. His objection is rejected. He is at liberty to raise his objection before the Court concerned at the time of considering the bail application of the Petitioners.

5. Considering the submissions made by the learned Counsel for the Petitioners and the learned Additional Public Prosecutor for the Respondents, this Criminal Original Petition is allowed. The Petitioners are directed to surrender before the learned District and Sessions Judge (PCR Court), Trichy, within a period of 15 days from the date of receipt of copy of this order or 15 days from the date of uploading the order copy in the website of this Court. The Special Judge shall consider the bail application of the Petitioners and dispose of the same as per law. 27.09.2022 Internet:Yes/No Index:Yes/No Rmk 3/4

SATHI KUMAR SUKUMARA KURUP , J.

Rmk To 1.The Inspector of Police, Lalgudi Police Station, Lalgudi, Trichy District.

2.The Deputy Superintendent of Police, DSP Office, Lalgudi, Lalgudi Taluk, Trichy District.

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

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