Madras High CourtCRL OP(MD)/20416/2023disposed of

Jeyakumar v. The Assistant Commissioner 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 1.Jeyakumar 2.Sasikala 3.Anusiya ... Petitioners/Accused Nos.

2 to 4 Vs.

1.The Assistant Commissioner of Police, Thallakulam Range, Madurai City.

...1st Respondent/Investigation Officer 2.The Inspector of Police, AWPS-Thallakulam Police Station, Madurai City.

(Crime No.58/2023) ...2nd Respondent/Complainant 3.M.Keerthika ... 3rd Respondent/Defacto Complainant and Victims PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the III-Additional District and Sessions Judge (PCR Cases), Madurai to consider the bail application of the Petitioners concerned in Cr.No.58 of 2023 on the file of the 2nd respondent Police. 1/4

For Petitioner : Mr.K.Sivabalan For R1 & R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) O R D E R This petition has been filed to direct the III-Additional District and Sessions Judge (PCR Cases), Madurai, to consider the bail application of the Petitioners concerned in Crime No.58 of 2023 on the file of the 2nd respondent Police.

2.The petitioners are the accused persons in Crime No.58 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 376, 417, 506(ii) of IPC and Sections 3(1)(r), 3(1)(s), 3(1)(u) and 3(1)(w)(i) 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 submit that no previous case is pending against the petitioners. 2/4

4.Considering the facts and circumstances of the case and also considering the limited allegations made against the petitioners, this Court is inclined to pass the following orders :- 1)The petitioners shall appear before the IIIAdditional District and Sessions Judge (PCR Cases), Madurai 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 Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The III-Additional District and Sessions Court, (PCR Cases), Madurai .

2.The Assistant Commissioner of Police, Thallakulam Range, Madurai City.

3.The Inspector of Police, AWPS-Thallakulam Police Station, Madurai City.

(Crime No.58/2023) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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