Madras High CourtCRL OP(MD)/18493/2023disposed of

P.Prabhakaran v. The Deputy Superintendent Of Police

2023-10-16Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.18493 of 2023 1.P.Prabhakaran 2.R.Shanmugam 3.M.Selvaraj @ Selvam

...Petitioners / Accused No.1 to 3

Vs.

1.The State Rep. by, The Deputy Superintendent of Police, Keeranur, Pudukottai District.

...1st Respondent/Complainant 2.The Inspector of Police, Udayalipatti Police Station, Pudukkottai District.

(In Crime No.106 of 2023) ...2nd Respondent / Complainant 3.Subramaninan ...3rd Respondent / Defacto Complainant 1/5

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Principal District and Sessions Court (Special Court for PCR Cases), Pudukkottai District to consider the petitioners' bail application on their surrender on the same day in Crime No.106 of 2023 the file of the 2nd respondent Police.

For Petitioner :Mr.T.Antony Arul Raj For Respondent :Mr.M.Vaikkam Karunanithi Government Advocate (crl.side) O RDER Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Principal District and Sessions Court (Special Court for PCR Cases), Pudukkottai District to consider the petitioners' bail application on their surrender on the same day in Crime No.106 of 2023 the file of the 2nd respondent Police.

2. The petitioners are the accused persons in Crime No.106 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 355, 506(ii) IPC r/w Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2/5

3.Mr.M.Vaikkam Karunanithi, the learned Government Advocate (crl.side) accepts notice for the respondents 1 and 2. He would further submit that there is no previous case pending against the petitioners. 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 and Sessions Court (Special Court for PCR Cases), Pudukkottai 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 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.

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

Speaking : Yes / No 16.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No Indu To 1.The Principal District and Sessions Court (Special Court for PCR Cases), Pudukkottai District. 2.The State Rep. by, The Deputy Superintendent of Police, Keeranur, Pudukottai District.

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

(In Crime No.106 of 2023) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

Indu Crl.O.P.(MD)No.18493 of 2023 16.10.2023 5/5