Madras High CourtCRL OP(MD)/20597/2023disposed of

Sathya Muthuraman @ Karthik 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 Sathya Muthuraman @ Karthik ... Petitioner/4th Accused Vs.

1.The Deputy Superintendent of Police, Cheranmahadevi, Tirunelveli District, Tirunelveli.

... 1st Respondent/Investigating Officer 2.The Inspector of Police, Muneerpallam Police Station, Tirunelveli District.

Crime No.428 of 2023.

... 2nd Respondent/Complainant 3.Kannan ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned II Additional Sessions Judge, Special Court for P.C.R. Tirunelveli to accept the surrender of the petitioner in connection with the Crime No.428 of 2023, pending investigation on the file of the 2nd respondent police and to consider and pass orders in the Bail application on the same day.

For petitioner : Mr.RM.Loganathan 1/5

For Respondents : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) O R D E R This petition has been filed seeking direction to the learned II Additional Sessions Judge, Special Court for P.C.R. Tirunelveli, to accept the surrender of the petitioner in connection with Crime No.428 of 2023 on the file of the 2nd Respondent Police on the same day of filing and to consider the Anticipatory Bail/ Bail petition filed by the petitioner on the same day of filing in accordance with law.

2.The petitioner is the accused persons in Crime No.428 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 294(b), 323, 506(i) of IPC and under Sections 3(1)(r) & 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 submit that the petitioner has no previous case 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 petitioner shall appear before the learned II Additional Sessions Judge, Special Court for P.C.R. Tirunelveli, 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 petitioner and pass orders on merits on the same day of his 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 II Additional Sessions Judge, Special Court for P.C.R. Tirunelveli. 2.The Deputy Superintendent of Police, Cheranmahadevi, Tirunelveli District, Tirunelveli.

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3.The Inspector of Police, Muneerpallam Police Station, Tirunelveli District.

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