Madras High CourtCRL OP(MD)/20444/2023disposed of

Madhubala v. The Deputy Superintendent Of Police

2023-11-16Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Madhubala 2.Meenal 3.Lakshmanan ... Petitioners/Accused Nos.1 & 2 Vs.

1.State represented by its The Deputy Superintendent of Police, Tirupathur, 2.The Inspector of Police, Nerkuppai, Crime No.66 of 2023.

... Respondent Nos.1 & 2/Complainant 3.Rameshwari ... Respondent No.3/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Additional District Sessions Judge (PCR Act Cases), Sivagangai to consider the bail application of the petitioners on the same day of their surrender before that Court in connection with Crime No.66 of 2023 on the file of the 2nd respondent. 1/5

For Petitioners : Mr.R.M.Arun Swaminathan For Respondents : Mr.M.Vaikkam Karunanithi for R1 & R2 Government Advocate (Crl. Side) O R D E R This petition has been filed to direct the learned Additional District Sessions Judge (PCR Act Cases), Sivagangai, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No. 66 of 2023 on the file of the 2nd respondent Police.

2.The petitioners are the accused persons in Crime No.66 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 355, 506(i) of IPC and Section 4 of TNPWH Act r/w Section 3(1)(s) 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 submitted there was simple injury and there is no previous case against the petitioners.

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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 Additional District Sessions Judge (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.

16.11.2023 Index : Yes/No Internet : Yes/No TM To 1.The Additional District Sessions Judge (PCR Act Cases), Sivagangai. 2.The Deputy Superintendent of Police, Tirupathur, 3/5

3.The Inspector of Police, Nerkuppai, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

TM 16.11.2023 5/5