Madras High CourtCRL OP(MD)/18262/2023disposed of

Mappillai Meeran v. The Assistant Commissioner Of Police

2023-10-12Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Mappillai Meeran 2.Rajiya Begam ... Petitioners/Accused Nos.1 & 2 Vs.

1.State represented by its The Assistant Commissioner of Police, Cantonment Range, 2.The Inspector of Police, E.Pudur Police Station, (In Crime No.1410 of 2023) ... Respondents 1 & 2/Complainant 3.Kavitha ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the I Additional District Judge (PCR), Trichy to consider the bail application of the petitioners on the same day of their surrender before that Court in connection with Crime No.1410 of 2023 on the file of the 2nd respondent.

For Petitioners : Mr.K.Arunraj 1/5

For Respondents : Mr.M.Vaikkam Karunanithi for R1 & R2 Government Advocate (Crl. Side) O R D E R This petition has been filed to direct the learned I Additional District Judge, Special Court for PCR Cases, Trichy, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No. 1410 of 2023 on the file of the 2nd respondent Police.

2.The petitioners are the accused persons in Crime No.1410 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b) and 506(ii) of IPC r/w Section 3(1)(s) 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 submitted that no one sustained injuries in this case and the petitioners are having no previous cases against them.

4.Considering the facts and circumstances of the case, this Court is 2/5

inclined to pass the following orders :- 1)The petitioners shall appear before the learned I Additional District Judge, Special Court for PCR Cases, Trichy, 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.

12.10.2023 Index : Yes/No Internet : Yes/No TM To 1.The District and I Additional District Judge, Special Court for PCR Cases, Trichy.

2.The Assistant Commissioner of Police, Cantonment Range, 3/5

3.The Inspector of Police, E.Pudur Police Station, (In Crime No.1410 of 2023) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

G.ILANGOVAN. J.

TM 12.10.2023 5/5