Madras High CourtCRL OP(MD)/18381/2023disposed of

Karuppasamy v. The Deputy Superintendent Of Police

2023-10-13Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Karuppasamy ... Petitioner/Sole Accused Vs.

1. The Deputy Superintendent of Police, Srivilliputhur Division, Virudhunagar District.

2. The Inspector of Police, Watrap Police Station, Virudhunagar District.

Crime No. 218 of 2023.

...Respondents 1 & 2/Complainants

3. Muthammal ... 3rd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Sessions Judge (PCR court) Srivilliputhur, Virudhunagar District to consider the bail application of the petitioner on the same day of his surrender itself in Crime No. 218 of 2023 on the file of the 2nd respondent Police. For Petitioners : Mr.Indrachithu.T For R1 and R2 : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) 1/4

O R D E R This petition has been filed to direct the learned Special Sessions Judge (PCR court) Srivilliputhur, Virudhunagar District to consider the bail application of the petitioner on the same day of his surrender itself in Crime No. 218 of 2023 on the file of the 2nd respondent Police. 2.The petitioner is the accused persons in Crime No.218 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 324, 506(ii) of IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2022 and Section 3(1)(r), 3(1) (s), 3(2)(va) and 3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3.Mr.M.Vaikkam Karunanithi, the learned Government Advocate (Crl.Side), accepts notice for the respondents 1 and 2. He would submit that injured is discharged from the hospital on 02.10.2023 and no previous case is pending against the petitioner. 4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 2/4

1)The petitioner shall appear before the learned Special Sessions Judge, Special Court (PCR Court), Srivilliputhur, Virudhunagar District, 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 petitioner 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.

13.10.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The Special Court (PCR Court), Srivilliputhur, Virudhunagar District.

2.The Deputy Superintendent of Police, Srivilliputhur Division, Virudhunagar District.

3.The Inspector of Police, Watrap Police Station, Virudhunagar District.

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

13.10.2023 4/4