Pannerselvam v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2023
CORAM:
THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.19093 of 2023 1.Pannerselvam 2.Deepak Raj 3.Pavalakodi
...Petitioners / Accused No.1,3 & 4
Vs.
1.The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.
2.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District.
(In Crime No.324 of 2023) ...1st & 2nd Respondents / Complainant 3.Sivarajan ...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 (Special Court for PCR Cases), Pudukkottai to accept the surrender of the petitioners and consider their bail application on the same day on merit relating to Crime No.324 of 2023, dated 16.10.2023.
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For Petitioner :Mr.D.Ramesh Kumar For Respondent :Mr.M.Vaikkam Karunanithi Nos.1 and 2 Government Advocate (Crl. Side) O RDER This petition has been filed to direct the learned Principal District and Sessions Judge (Special Court for PCR Cases), Pudukkottai, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No. 324 of 2023 on the file of the 2nd respondent Police.
2.The petitioners are the accused persons in Crime No.324 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 147, 294(b), 323, 355 and 506(i) of IPC and Section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment 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 it is a case, case in counter. There is no previous case 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 (Special Court for PCR Cases), Pudukkottai, 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 (Special Court for PCR Cases), Pudukkottai.
2.The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.
3.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai District.
(In Crime No.324 of 2023) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.19093 of 2023 20.10.2023 4/4