Madras High CourtCRL OP(MD)/18685/2023disposed of

G.Rathinakumar v. The Assistant Commissioner Of Police

2023-10-17Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.G.Rathinakumar 2.G.Jeyaganth 3.Sowmiya ... Petitioners/Accused Nos.1,2 and 4 Vs.

State represented by 1.The Assistant Commissioner of Police, Assistant Commissioner of Police, Thillai Nagar, Trichy City.

2.The Inspector of Police, Woraiyur Police Station, Trichy City, (Crime No.2283 of 2023) 3.Punniyakodi ... Respondents/Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned 1st Additional District and Sessions Judge for (PCR Cases), Trichy, to accept the surrender of the petitioners and consider the bail application on the date of surrender in connection with Crime No.2283 of 2023 on the file of the 2nd respondent police. 1/4

For Petitioners : Mr.K.Rajesh 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 1st Additional District and Sessions Judge for (PCR Cases), Trichy, to consider the bail application of the petitioners on the same day of their surrender before that Court in connection with Crime No.2283 of 2023 on the file of the second respondent.

2.The petitioners are the accused persons in Crime No.2283 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 341 and 506(ii) of IPC read with Section 3(1)(s), 3(1)(u), 3(1)(x) of SC / ST (Prevention of Atrocities) Act. 3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. side), accepts notice for the respondents 1 and 2. He would further submitted the no one was injured in this case. There is no previous case against the petitioners.

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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 1st Additional District and Sessions Judge (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.

17.10.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No pnn 3/4

G.ILANGOVAN. J.

pnn To 1.The Judge, I Additional District and Sessions Judge (for PCR Cases), Trichy.

2.The Assistant Commissioner of Police, Assistant Commissioner of Police, Thillai Nagar, Trichy City. 3.The Inspector of Police, Woraiyur Police Station, Trichy City, (Crime No.2283 of 2023) 17.10.2023 4/4