Vadivelu v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL 1.Vadivelu 2.Alagumani ... Petitioners/ Accused 1 & 2 Vs.
1.The Deputy Superintendent of Police, Manapparai, Trichy District.
2.The Inspector of Police, Manapparai Police Station, Trichy District.
(Crime No.552 of 2023) 3.Rasathi ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue a direction, directing the learned Judicial Magistrate, Manapparai, to consider the petitioners' bail application on the same day of their surrender in Crime No.522 of 2023 on the file of the 2nd respondent.
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For petitioners : Mr.T.Leninkumar For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) O R D E R This petition has been filed seeking direction to the learned Judicial Magistrate, Manapparai, to consider the petitioners' bail application on the same day of their surrender in Crime No.522 of 2023 on the file of the 2nd respondent.
2. The petitioners are the accused persons in Crime No.522 of 2023 on the file of the 2nd respondent police for the alleged offences punishable under Sections 147, 294(b), 323 and 506(i) of IPC r/w Section 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. Heard Mr.T.Leninkumar, learned counsel appearing for the petitioner and Mr.M.Sakthi Kumar, learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2. 2/5
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 Judicial Magistrate, Manapparai, 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.
26.10.2023 Index : Yes/No Internet : Yes/No cp To 1.The Judicial Magistrate, Manapparai.
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2.The Deputy Superintendent of Police, Manapparai, Trichy District.
3.The Inspector of Police, Manapparai Police Station, Trichy District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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R.SAKTHIVEL, J.
cp 26.10.2023 5/5