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Madras High CourtCRL OP(MD)/19470/2023disposed of

Abbu @ Muthukumar v. The Deputy Superintendent Of Police

2023-11-01Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.19470 of 2023 1.Abbu @ Muthukumar 2.Veeramani 3.Hariharan @ Harikrishnan

...Petitioners No.1-3 / Accused No.2-4

Vs.

1.The Deputy Superintendent of Police, Alangudi Division, Alangudi, Pudukkottai District.

2.The Special Sub-Inspector of Police, Vadakadu Police Station, Vadakadu, Pudukkottai District.

(In Crime No.195 of 2023) 3.Muthukumar

...Respondents / Complainants

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukkottai to accept the surrender of the Petitioners 1/5

No.1-3 / Accused No.2-4 and consider their bail application and grant bail on the date of surrender itself in Crime No.195 of 2023 dated 27.09.2023 on the file of 2nd Respondent Police.

For Petitioner :Mr.K.C.Maniyarasu For Respondent :Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) O RDER This petition has been filed to direct the learned Sessions Judge, Special Court for PCR Cases, Pudukkottai, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No. 195 of 2023 on the file of the 2nd respondent Police. 2.The petitioners are the accused persons in Crime No.195 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Amendment Act, 2015.

3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. side), 2/5

accepts notice for the respondents 1 and 2. He would further submitted that earlier application filed by the petitioners was dismissed on the ground that the injured was in hospital. Now the injured in this case has been discharged from the hospital. He would further submit that there is no previous case 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 learned Sessions Judge, Special Court for PCR Cases, 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(3) of the Act.

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

01.11.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No TM To 1.The learned Sessions Judge, Special Court for PCR Cases, Pudukkottai. 2.The Deputy Superintendent of Police, Alangudi Division, Alangudi, Pudukkottai District.

3.The Special Sub-Inspector of Police, Vadakadu Police Station, Vadakadu, Pudukkottai District.

(In Crime No.195 of 2023) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

TM Crl.O.P.(MD)No.19470 of 2023 01.11.2023 5/5