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Madras High CourtCRL OP(MD)/18969/2023disposed of

Amsavallli 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.18969 of 2023 1.Amsavalli 2.Dhivakar

...Petitioners / 1st & 2nd Accused

Vs.

1.The Deputy Superintendent of Police, Theni District, Theni.

...Respondent / Investigating Officer

2.The Inspector of Police, Chinnamanur Police Station, Theni District.

(In Crime No.465/2023)

...Respondent / Complainant

3.Murugeswari

...Respondent / Victim / Defacto Complainant

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Sessions Judge and Special Court for P.C.R., Theni to accept the surrender of the Petitioners in connection with the Crime No.465 of 2023, pending investigation on the file of the 2nd Respondent Police and to consider and pass orders in the Bail application on the same day. 1/4

For Petitioner :Mr.S.Suresh Kumar For Respondent :Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) O RDER This petition has been filed to direct the learned Sessions Judge and Special Court for P.C.R., Theni, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No. 465 of 2023 on the file of the 2nd respondent Police. 2.The petitioners are the accused persons in Crime No.465 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 352 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, 2015. 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 is injured in this case.

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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 Sessions Judge and Special Court for P.C.R., Theni, 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 Deputy Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Chinnamanur Police Station, Theni District.

(In Crime No.465/2023) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.18969 of 2023 20.10.2023 4/4