Madras High CourtCRL OP(MD)/18878/2023disposed of

Viswanathan v. The Deputy Superintendent Of Police

2023-10-20Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.18878 of 2023 1.Viswanathan 2.Adaikkala Pandi @ Adaikalam Pandi 3.Balusamy

...Petitioners / Accused Nos.1 to 3

Vs.

1.The Deputy Superintendent of Police, Thiruchuli, Virudhunagar District.

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

(In Crime No.119 of 2023) ...1st & 2nd Respondents / Complainants 3.M.Vengala Kumar ...3rd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Principal District and Sessions Judge (PCR) Cases, Srivilliputhur at Virudhunagar District to accept the surrender and consider the bail petition to be filed by the petitioner's in Crime No.119 of 2023 on the file of the respondent Police.

1/4

For Petitioners :Mr.A.S.Rajeswari For Respondent :Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) O RDER This petition has been filed to direct the learned Principal District and Sessions Judge (PCR) Cases, Srivilliputhur at Virudhunagar District, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No. 119 of 2023 on the file of the 2nd respondent Police.

2.The petitioners are the accused persons in Crime No.119 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 506(ii) of IPC and Section 3(1) r , 3(1) s, 3(2)(va) of SC/ST (POA) Amendment Act.

3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. side), accepts notice for the respondents 1 and 2. He would further submitted that no one has injured in this case and no previous case is pending against the petitioners.

2/4

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 Principal District and Sessions Judge (PCR) Cases, Srivilliputhur at 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 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.

20.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No pnn 3/4

G.ILANGOVAN. J.

pnn To 1.The Principal District and Sessions Judge (PCR) Cases, Srivilliputhur at Virudhunagar District.

2.The Deputy Superintendent of Police, Thiruchuli, Virudhunagar District. 3.The Inspector of Police, Narikudi Police Station, Virudhunagar District. (In Crime No.119 of 2023) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.18878 of 2023 20.10.2023 4/4