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Madras High CourtCRL OP(MD)/20256/2023disposed of

Suryabalan @ Surya v. The Deputy Superintendent Of Police

2023-11-09Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN

1. Suryabalan @ Surya

2. Sandhuru

3. Karikalan @ Karumalai ... Petitioners/Accused Nos.1 to 3 Vs.

1. The State rep. by, The Deputy Superintendent of Police, Elayangudi, Sivagangai District.

2. The Inspector of Police, Elayangudi Police Station, Sivagangai District, Crime No.364/2023.

...Respondents/Complainants

3.Suryaprakash ...Respondent No.3/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the petitioner to surrender and consider the bail application on the same date itself by the Additional District and Sessions Court for the exclusive trial for PCR Act Cases, Sivagangai, in Crime Number 364 of 2023 on the file of the respondent 1/4

Police, Elayangudi Police Station, Sivagangai District. For Petitioner : Mr.SC.Herold Singh For R1 & R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side)

ORDER

This petition has been filed to direct the petitioner to surrender and consider the bail application on the same date itself by the Additional District and Sessions Court for the exclusive trial for PCR Act Cases, Sivagangai, in Crime Number 364 of 2023 on the file of the respondent Police, Elayangudi Police Station, Sivagangai District. 2.The petitioners are the accused persons in Crime No.364 of 2023 on the file of the 2nd respondent Police for the offences punishable under Sections 294(b), 427 and 506(ii) of IPC and Sections 3(1)(r), 3(1)(s), 3(1)(t) 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 submitted that the third accused is having three previous cases at his 2/4

credit and no previous case is pending against the accused Nos.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 Additional District and Sessions Court for the exclusive trial for PCR Act Cases, Sivagangai, 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.

5.With the above observation, this Criminal Original Petition is disposed of.

09.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No INDU 3/4

G.ILANGOVAN ,J.

INDU To 1.The Additional District and Sessions Court for the exclusive trial for PCR Act Cases, Sivagangai.

2. The State rep. by, The Deputy Superintendent of Police, Elayangudi, Sivagangai District.

3.The Inspector of Police, Elayangudi Police Station, Sivagangai District, Crime No.364/2023 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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