R.Raja v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP 1.R.Raja 2.Vijayalakshmi

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Pattukottai Division, Thanjavur District.

(In Crime No.505 of 2022) 2.The Inspector of Police, Peravurani Police Station, Thanjavur District.

(In Crime No.505 of 2022) 3.K.Rengasamy

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the I Additional District and Sessions Judge cum PCR Court, Thanjavur to consider the bail application of the Petitioners on the same day of their surrender in Crime No.505 of 2022 on the file of the Respondent Police.

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For Petitioner : Mr.B.Senthilkumar For R1 & R2 : Mr.R.Suresh Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the learned I Additional District and Sessions Judge cum PCR Court, Thanjavur, to consider the bail application of the Petitioners on the same day of their surrender in Crime No.505 of 2022 on the file of the Respondent Police. 2.The learned Counsel for the Petitioners would submit that the Petitioners/A1 & A2 have involved in the offence under SC/ST (Prevention of Atrocities) Act. The Respondent police has registered the case against the Petitioners in Crime No.505 of 2022 for the offence punishable under Sections 323 of IPC r/w 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act, 1989. Therefore, he seeks direction against the learned I Additional District and Sessions Judge cum PCR Court, Thanjavur, to consider the Petitioners' bail application on the date of their surrender and filed this Petition. 2/5

3. The learned Government Advocate (Crl.Side) would submit that the Petitioners are arrayed as A1 and A2. He would further submit that no previous case is pending against them and the injured has been discharged from the hospital.

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. The Petitioners are directed to surrender before the learned I Additional District and Sessions Judge cum PCR Court, Thanjavur, 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 learned Judge shall consider the bail application of the Petitioners and dispose of the same as per law. 08.11.2022 Index:Yes/No vsd 3/5

To 1.The I Additional District and Sessions Judge cum PCR Court, Thanjavur.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Pattukottai Division, Thanjavur District.

(In Crime No.505 of 2022) 3.The Inspector of Police, Peravurani Police Station, Thanjavur District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

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