Ganesan 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.Ganesan 2.P.V.Manoharan 3.Thirugnanam 4.Thirumoorthy 5.Samilkumar@Kumar 6.Thirunavukarasu ... Petitioners/ Accused No.1 to 6 Vs.

1.The Deputy Superintendent of Police, Orathanadu Sub-Division, Thanjavur District.

2.The Inspector of Police, Orathanadu Police Station, Thanjavur District.

(Crime No.668/2023) 3.Bhavani ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned I Additional District and Sessions Judge 1/5

(Special Judge for P.C.R.Cases), Thanjavur, Thanjavur District, to consider and dispose of the bail application filed by the petitioners in Crime No.668 of 2023 on the file of the 2nd respondent herein on the same of their surrender before the said Court. For petitioners : Mr.R.Ilayaraja 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 I Additional District and Sessions Judge (Special Judge for P.C.R.Cases), Thanjavur, Thanjavur District, to consider and dispose of the bail application filed by the petitioners in Crime No.668 of 2023 on the file of the 2nd respondent herein on the same of their surrender before the said Court.

2. It is submitted by the learned counsel for the petitioners that the alleged occurrence had occurred on 05.06.2022, but the second respondent police registered a case on 29.07.2023 in Crime No.668 of 2023 for the offences punishable under Sections 147, 354, 355 and 2/5

506(i) IPC and Section 3(1)(r), 3(1)(s) and 3(1)(z) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. Heard Mr.R.Ilayaraja, learned counsel appearing for the petitioner and Mr.M.Sakthi Kumar, learned Government Advocate (Crl. Side) appearing for the respondents 1 and 2. 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 I Additional District and Sessions Judge (Special Judge for P.C.R.Cases), Thanjavur, Thanjavur 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.

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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 I Additional District and Sessions Judge (Special Judge for P.C.R.Cases), Thanjavur, Thanjavur District.

2.The Deputy Superintendent of Police, Orathanadu Sub-Division, Thanjavur District.

3.The Inspector of Police, Orathanadu Police Station, Thanjavur 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