Madras High CourtCRL OP(MD)/19839/2023disposed of

Vijayakumar v. The Deputy Superintendent Of Police

2023-11-06Honourable Mr Justice K.K. Ramakrishnan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN 1.Vijayakumar 2.Jeeva @ Jeevanandham 3.Prakash 4.Harikrishnan 5.Akash ... Petitioners/Accused 1 to 5 Vs.

1.The Deputy Superintendent of Police, Jeeyapuram, Trichy District.

2.The State, rep. by Inspector of Police, Vathalai Police Station, Trichy District.

(Crime No.162 of 2023) ... Respondents/Complainants 3.Suriya ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the I Additional District and Sessions Judge(PCR Court), Trichy, to consider the bail application of the petitioners on the same day of their surrender before that Court in connection with Crime No.162 of 2023, on the file of the respondent.

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For petitioners : Mr.N.Ananda Kumar For Respondents : Mr.M.Vaikkam Karunanithi 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(PCR Court), Trichy, to accept the surrender of the petitioners in connection with Crime No.162 of 2023 on the file of the 2nd Respondent Police on the same day of filing and to consider the Anticipatory Bail/ Bail petition filed by the petitioners on the same day of filing in accordance with law. 2.The petitioners are the accused persons in Crime No.162 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 147, 148, 294(b), 324, 506(ii) of IPC and under Sections 3(1)(r), 3(1)(s) & 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. Side), accepts notice for the respondents 1 and 2. He would further submit that the injured in this case has been discharged from the hospital and the petitioners are having no previous case pending against him. 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 I Additional District and Sessions Judge(PCR Court), Trichy, 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 his 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.

06.11.2023 Index : Yes/No Internet : Yes/No TM 3/5

To 1.The I Additional District and Sessions Judge(PCR Court), Trichy. 2.The Deputy Superintendent of Police, Jeeyapuram, Trichy District.

3.The Inspector of Police, Vathalai Police Station, Trichy District.

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

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K.K.RAMAKRISHNAN. J.

TM 06.11.2023 5/5