Madras High CourtCRL OP(MD)/20425/2023disposed of

Murugaiya @ Murugan v. The Deputy Superintendent Of Police

2023-11-15Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.20425 of 2023

1. Murugaiya @ Murugan

2. Muthukumar @ Indresh

3. Kaththalingam ... Petitioners/Accused Nos.1, 2 & 3 Vs.

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

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

Crime No.637 of 2023.

... 2nd Respondent/Complainant

3. Revathi ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned I-Additional District and Sessions Court for PCR Act Cases, Thanjavur, to accept the surrender of the petitioners and consider the bail application on merits on the date of their surrender in Cr.No.637 of 2023 on the file of the second respondent Police on the 1/4

very same day.

For Petitioners : Mr.M.Pitchai Muthu For R1 & R2 : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl. Side) O R D E R This petition has been filed to direct the I-Additional District and Sessions Court for PCR Act Cases, Thanjavur, to accept the surrender of the petitioners and consider the bail application on merits on the date of their surrender in Cr.No.637 of 2023 on the file of the second respondent Police on the very same day.

2.The petitioners are the accused persons in Crime No.637 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 506(i) of IPC and Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. Side), accepts notice for the respondents 1 and 2. He would further submit that no previous case is pending against the petitioners and there is no injury in this case.

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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 I-Additional District and Sessions Court for PCR Act Cases, 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 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.

15.11.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The I-Additional District and Sessions Court for PCR Act Cases, Thanjavur.

2.The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

3.The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

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

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