Madras High CourtCRL OP(MD)/20087/2023disposed of

C.Arumugam v. The Assistant Commissioner Of Police

2023-11-08Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN C.Arumugam ... Petitioner/ Sole Accused Vs.

1.The Assistant Commissioner of Police, Palayamkottai, Tirunelveli District.

2.State represented by its Inspector of Police, Perumalpuram police station, Tirunelveli City, (Crime No.593 of 2023).

3.C.Lakshmi ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the IInd Additional District Judge (PCR Cases), Tirunelveli, to consider the bail application on the surrender of the petitioner / Accused on the same day in Crime No.593/2023, on the file of the 2nd respondent police, on merits on the same day. For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.M.Vaikkam Karunanithi for R1 & R2 1/4

Government Advocate (Crl. Side) O R D E R This petition has been filed to direct the IInd Additional District Judge (PCR Cases), Tirunelveli, to consider the bail application on the surrender of the petitioner / Accused on the same day in Crime No. 593/2023, on the file of the 2nd respondent police, on merits on the same day.

2. The petitioner is the sole accused in Crime No.593 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 427, 294(b), 323, 506(i) of IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste 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 the injured has been discharged from the hospital and no previous case is pending against the petitioner. 2/4

4. Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioner shall appear before the learned IInd Additional District Judge (PCR Cases), Tirunelveli, 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 petitioner 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.

08.11.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No pnn 3/4

G.ILANGOVAN. J.

pnn To 1.The IInd Additional District Judge (PCR Cases), Tirunelveli. 2.The Assistant Commissioner of Police, Palayamkottai, Tirunelveli District.

3.The Inspector of Police, Perumalpuram police station, Tirunelveli City, (Crime No.593 of 2023).

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

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