Madras High CourtCRL OP(MD)/20506/2022disposed of

Prabu v. The Deputy Superintendent Of Police

2022-11-18Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.ILANGOVAN

1. Prabu,

2. Subramanian,

3. Durai, : Petitioners Vs

1. The Deputy Superintendent Of Police, Namasamuthiram Police Station Division, Pudukkottai District

2. State represented by The Inspector of Police, Namanasamuthiram Police Station, Pudukkottai District.

Crime No. 126/2022.

3. Ramalingam,

4. Ayyappan, : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the learned Principal District and Sessions Judge (PCR Court) Pudukkottai to accept the surrender of the petitioners and consider 1/5

their bail application on the same day on merit relating to Crime No. 126 of 2022, dated 05.10.2022.

For Petitioners : Mr.D.Rameshkumar For R1 and R2 : Mr.R.Suresh Kumar Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed for a direction to direct the learned Principal District and Sessions Judge (PCR Court) Pudukkottai, to consider the petitioners' bail application on the same day of their surrender in Crime No. 126 of 2022 on the file of the second respondent police. 2.The petitioners are the accused persons in Crime No.126 of 2022 on the file of the 2nd respondent police for the offences punishable under Sections 147, 148, 294(b), 323 and 324 of IPC, r/w Section 3(1)(r), 3(1)(s) and 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

3.Mr.R.Suresh Kumar, learned Government Advocate (Crl. side) accepts notice for the respondents 1 and 2. He submitted that in this case, injured was discharged from the hospital.

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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 learned Principal District and Sessions Judge (PCR Court) Pudukkottai, 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(5) of the Act.

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

18.11.2022 Internet:Yes Index:Yes/No PNM Note:Issue Order Copy on 21.11.2022 3/5

1. The Principal District and Sessions Judge (PCR Court), Pudukkottai.

2. The Deputy Superintendent Of Police, Namasamuthiram Police Station Division, Pudukkottai District

3. The Inspector of Police, Namanasamuthiram Police Station, Pudukkottai District.

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

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G.ILANGOVAN, J.

PNM ORDER IN 18.11.2022 5/5