Lenin v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN 1.Lenin 2.Vignesh ... Petitioners/Accused Nos.1 & 2 Vs.

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

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

In Crime No.879 of 2023.

... Respondents/Complainant 3.Karthikeyan ... 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, Thanjavur to consider the bail application to be filed by the petitioners on the same day on their surrender in connection with Crime No.879 of 2023 on the file of the 2nd respondent. For petitioners : Mr.S.Venkatesan For Respondents : Mr.M.Vaikkam Karunanithi for R1&R2 Government Advocate (Crl. Side) 1/4

O R D E R This petition has been filed seeking direction to the learned I Additional District and Sessions Judge (PCR) Court, Thanjavur, to accept the surrender of the petitioners in connection with Crime No.879 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.879 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 355 & 324 of IPC and under Sections 3(1)(r) & 3(2)(va) 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 submit that the injured in this case has been discharged from the hospital and the are having no previous case.

4.Considering the facts and circumstances of the case, this Court is 2/4

inclined to pass the following orders :- 1)The shall appear before the learned I Additional District and Sessions Judge (PCR) Court, Thanjavur, 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 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.

03.11.2023 Index : Yes/No Internet : Yes/No TM To 1.The I Additional District and Sessions Judge (PCR) Court, Thanjavur. 2.The Deputy Superintendent of Police, Orathanadu Division, Thanjavur District.

3.The Inspector of Police, Orathanadu Police Station, Thanjavur District. In Crime No.879 of 2023. 3/4

K.K.RAMAKRISHNAN. J.

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

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