Madras High CourtCRL OP(MD)/20069/2023dismissed

Esakkipandi v. The Deputy Superintendent Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Essakipandi 2.Muppudathi ... Petitioners /Accused Rank not known Vs.

1.The Deputy Superintendent of Police, Nagercoil Sub Division, Kanyakumari District.

2.The Inspector of Police, Aralvoimozhi Police Station, Kanyakumari District.

(Crime No.242 of 2023) 3.Mariappan ...Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the Special Judge for SC/ST (Prevention of Atrocities) Act/2nd Additional District & Sessions Judge (PCR Unit), Tirunelveli to consider the bail application of the petitioners on the same day of their surrender in Crime No.242 of 2023 on the file of 2nd respondent police.

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For Petitioner : Mr.S.Sathyachidambaram For R1 & R2 : Mr.M.Vaikkam Karunanithi Govt Advocate (Crl.Side)

ORDER

This Criminal Original Petition is filed to direct the Special Judge for SC/ST (Prevention of Atrocities) Act / 2nd Additional District & Sessions Judge (PCR Unit), Tirunelveli, to consider the bail application of the petitioners on the same day of their surrender in Crime No.242 of 2023 on the file of 2nd respondent police.

2. The petitioners are accused in Crime No.242 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 324, 506(ii), 379 of IPC r/w 3(1)(r), 3(1)(s), 3(2)(va) of SC / ST (Amendment POA) Act.

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 in this case has been discharged from the 2/4

hospital. The property involved in the complaint has not been recovered so far.

4. In view of the submission made by the learned Government Advocate (crl.side), the petitioners are not entitled for any discretionary relief at this stage. Accordingly, this Criminal Original Petition is dismissed.

08.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn To 1.The Deputy Superintendent of Police, Nagercoil Sub Division, Kanyakumari District. 2.The Inspector of Police, Aralvoimozhi Police Station, Kanyakumari District. (Crime No.242 of 2023) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

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