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Madras High CourtCRL OP(MD)/17603/2023disposed of

Ganesan v. The Deputy Superintendent Of Police

2023-10-03Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN

1. Ganesan

2. Parameshwari

3. Karuthasamy Muthukaruppan @ Karuppusamy

4. Selvi Karuthasamy

5. Alagar @ Alagarsamy ... Petitioners/Accused Vs.

1. The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Natham Range, Dindigul District.

2. The Inspector of Police, Natham Police Station, Dindigul District.

Crime No.494 of 2023.

...1st and 2nd Respondents/Complainants

3. Nithya ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Principal District Judge, Dindigul to consider the bail application on the same day of surrender in connection with Cr.No. 1/5

494 of 2023 on the file of the Respondent Police. For Petitioners : Mr. Regunathan V For R1 and R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) O R D E R This petition has been filed to direct the Principal District Judge, Dindigul to consider the bail application on the same day of surrender in connection with crime No.494 of 2023 on the file of the second respondent Police.

2.The petitioners are the accused persons in Crime No.494 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 147, 323, 506(i) of IPC and Sections 3(1)(r), 3(1)(s) and 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl.Side), accepts notice for the respondents 1 and 2. He would further submit that it is the family issue between the defacto complainant and the petitioners. He has no objection to allow this petition. 2/5

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioners shall appear before the Principal District Judge, Dindigul, 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 petitioners and pass orders on merits on the same day of their surrender, after hearing the defacto complainant by complying with Section 15A(3) of the Act.

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

03.10.2023 Index : Yes/No Internet : Yes/No Indu 3/5

To

1. The learned Principal District Judge, Dindigul.

2. The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Natham Range, Dindigul District.

3. The Inspector of Police, Natham Police Station, Dindigul District.

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

4/5

G.ILANGOVAN. J.

Indu 03.10.2023 5/5