Madras High CourtCRL OP(MD)/20914/2023disposed of

Sonaipandi v. The Deputy Superintendent Of Police

2023-11-21Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Sonaipandi 2.Thirunavukarasu 3.Sosankar ... Petitioners/Rank not known Vs.

1.The Deputy Superintendent of Police, DSP Office, Manamadurai, Sivagangai District.

2.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

... 1st & 2nd Respondents/Complainants 3.Babu ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to pass an order of direction to consider the bail application of the petitioners on merits in accordance with law on the same day in connection with Crime No.518/2023 dated 11/11/2023 on the file of the R1 and R2 by the Additional District and Sessions Court for the Exclusive Trial of PCR Act Cases, Sivagangai, under Section SC/ST (Prevention of Atrocities) Act, 1989 at Sivagangai, within a stipulated 1/5

time that may be fixed by this Court.

For Petitioners : Mr.S.Balasubramanian 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 and Sessions Judge, Special Court for the Exclusive Trial of 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. 518 of 2023 on the file of the 2nd respondent Police. 2.The petitioners are the accused persons in Crime No.518 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 379 and 506(ii) of IPC and Section 3(1)(r) & 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. side), accepts notice for the respondents 1 and 2. He would further submitted the injured in this case has been discharged from the hospital. There is no previous case against the petitioners. 2/5

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 and Sessions Judge, Special Court for the Exclusive Trial of 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.

21.11.2023 Index : Yes/No Internet : Yes/No TM To 1.The Additional District and Sessions Judge, Special Court for the Exclusive Trial of PCR Act Cases, Sivagangai,. 3/5

2.The Deputy Superintendent of Police, DSP Office, Manamadurai, Sivagangai District.

3.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

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

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G.ILANGOVAN. J.

TM 21.11.2023 5/5