Madras High CourtCRL OP(MD)/20525/2023disposed of

R.Tamilselvan 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 1.R.Tamilselvan 2.Karthick ... Petitioners/Accused Nos.3 & 4 Vs.

1. The Deputy Superintendent of Police, Virudhunagar, Virudhunagar District.

2. The Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar District.

In Crime No.189 of 2023.

...Respondents 1 and 2/

Complainants 3.Nageswari ... Respondent No.3/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned District Sessions Judge (PCR Act Cases), Srivilliputhur, Virudhunagar District, to consider the Petitioners' bail application on the same day of surrender of the petitioners in connection with the Crime No.189 of 2023 on the file of the second respondent Police.

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For Petitioner : Mr.S.Manickam For R1 & R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) O R D E R This petition has been filed to direct the learned District Sessions Judge (PCR Act Cases), Srivilliputhur, Virudhunagar District, to consider the Petitioners' bail application on the same day of surrender of the petitioners in connection with the Crime No.189 of 2023 on the file of the second respondent Police.

2.The petitioners are the accused persons in Crime No.189 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 147, 294(b), 420 IPC and Sections 3(1)(g), 3(1)(r) and 3(2)(va) 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 learned District Sessions Judge (PCR Act Cases), Srivilliputhur, Virudhunagar District, 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 District Sessions Court, (PCR Act Cases), Srivilliputhur, Virudhunagar District.

2.The Deputy Superintendent of Police, Virudhunagar, Virudhunagar District.

3.The Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar District.

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

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