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Madras High CourtCRL OP(MD)/18947/2023disposed of

Chinnasamy v. The Deputy Superintendent Of Police

2023-10-19Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.18947 of 2023 Chinnasamy

...Petitioner / Sole Accused

Vs.

1.The Deputy Superintendent of Police, Usilampatty Circle, Madurai District.

...1st Respondent / Nil 2.State rep. by The Sub-Inspector of Police, Usilampatty Town Police Station, Madurai District.

(In Crime No.518/2023) ...2nd Respondent / Complainant 3.Nagaraj ...3rd Respondents / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Additional District and Sessions Court for the exclusive trail of PCR Act Cases, Madurai to consider the petitioner's bail application on the date of his surrender in respect of Crime No.518/2023 dated 09.10.2023 on the file of the second respondent Police.

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For Petitioner :Mr.K.Srinivasaragavan For Respondent :Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) O RDER This petition has been filed to direct the learned Additional District and Sessions Court for the exclusive trail of PCR Act Cases, Madurai to consider the petitioner's bail application on the date of his surrender in respect of Crime No. 518/2023 dated 09.10.2023 on the file of the second respondent Police. 2.The petitioner is the accused persons in Crime No.518 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 506(i) of IPC and r/w Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3.Mr.M.Vaikkam Karunanithi, the learned Government Advocate (Crl. Side), accepts notice for the respondents 1 and 2. He would submit that the petitioner has no previous cases and the injured is taking treatment as out patient. 2/4

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioner shall appear before the Additional District and Sessions Court for the exclusive trail of PCR Act Cases, Madurai, 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 petitioner 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.

Speaking : Yes / No 19.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The Additional District and Sessions Court for the exclusive trail of PCR Act Cases, Madurai.

2.The Deputy Superintendent of Police, Usilampatty Circle, Madurai District.

3.The Sub Inspector of Police, Usilampatty Town Police Station, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.18947 of 2023 19.10.2023 4/4