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Madras High CourtCRL OP(MD)/19303/2022disposed of

Sasivarnam v. The Deputy Superintendent Of Police

2022-11-14Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP 1.Sasivarnam 2.Surya 3.Passupathi @ Sathyamoorthi 4.Thamaraikannan 5.Surya

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Deputy Superintendent Office, Sivagangai, Sivagangai District.

2.State represented by The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

(Cr.No.253 of 2022) 3.Kumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the PCR Court, Sivagangai, to consider the bail application to be filed by the Petitioners on the same day of their surrender in Crime No.253 of 2022 on the file of the second Respondent Police. 1/4

For Petitioners : Mr.M.Vasanthan 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 Special Judge, PCR Court, Sivagangai, to accept the Petitioners' surrender in connection with Crime No.253 of 2022 on the file of the second Respondent and consider their bail application on the same day on merits. 2.The Petitioners are the accused for the offences punishable under Sections 147 and 323 of IPC r/w Sections 3(1)(r) & 3(1)(s) of SC/ST (POA) Act, 1989, in Crime No.253 of 2022, pending on the file of the second Respondent Police and apprehending arrest, they have filed the present Petition.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. Considering the nature of offences alleged against the Petitioners, this Criminal Original Petition is allowed. The Petitioners are directed to surrender before the learned Special Judge, 2/4

PCR Court, Sivagangai District, 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 on the website of this Court. The learned Judge shall consider the bail application of the Petitioners and dispose of the same as per law. The learned Special Judge, PCR Court, Sivagangai District, shall cause notice to the De-Facto Complainant regarding the bail application when the bail application is filed.

14.11.2022 Index:Yes/No vsd To 1.The Special Judge, PCR Court, Theni District.

2.The Deputy Superintendent of Police, Deputy Superintendent Office, Sivagangai, Sivagangai District.

3.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

vsd 14.11.2022 4/4