Madras High CourtCRL OP(MD)/18880/2023disposed of

Pitchaikannu v. The Deputy Superintendent Of Police

2023-10-19Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.18880 of 2023 1.Pitchaikannu 2.Vellaiyammal 3.Chinnammal 4.Lakshmi 5.Thangavelu 6.Shanmugam 7.Pushpavalli @ Pushbam

...Petitioners/Accused Nos.1 to 7

Vs.

1.The Deputy Superintendent of Police, Manapparai Sub Division, Trichy District.

2.The Inspector of Police, Valanadu Police Station, Trichy District, (In Crime No.178 of 2023) ...1st & 2nd Respondent / Complainants 3.Rajkumar ...3rd Respondent / Defacto Complainant 1/5

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned I Additional Sessions Court (PCR), Trichy to consider the bail application on the surrender of the petitioners in connection with case in Crime No.178 of 2023 dated 06.10.2023, pending investigation on the file of the 2nd Respondent Police on merits on the same day.

For Petitioner :Mr.A.Joel Paul Antony For Respondent :Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) O RDER This petition has been filed to direct the learned I Additional Sessions Court (PCR), Trichy, to consider the bail application on the surrender of the petitioners in connection with case in Crime No.178 of 2023 dated 06.10.2023, pending investigation on the file of the 2nd Respondent Police on merits on the same day.

2.The petitioners are the accused persons in Crime No.178 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 147, 294(b), 323, 324, 506(ii) of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the 2/5

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3.Mr.M.Vaikkam Karunanithi, the learned Government Advocate (Criminal Side), accepts notice for the respondents 1 and 2. He would further submit that it is a case and counter case and injured in both the cases have been discharged from the hospital. No previous case is 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 I Additional Sessions Court (PCR), 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.

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

Speaking : Yes / No 19.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No Indu To

1. The Additional Sessions Court (PCR), Trichy.

2. The Deputy Superintendent of Police, Manapparai Sub Division, Trichy District.

3 The Inspector of Police, Valanadu Police Station, Trichy District, (In Crime No.178 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.18880 of 2023 19.10.2023 5/5