Barathi @ Bharathi Sundar v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Barathi @ Bharathi Sundar ... Petitioner/Accused No.1 Vs.

1.State through The Deputy Superintendent of Police, Cheranmahadevi Sub Division, Tirunelveli District.

2.The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

(Crime No.373 of 2023) ... Respondents 1 & 2/Complainants 3.P.Mariappan @ Mahesh ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Learned II Additional Sessions Court (PCR Court), Tirunelveli to consider the Petitioners bail application on the same day of this surrender before the court in Crime No.373 of 2023 dated 12.11.2023 on the file of the 2nd Respondent police. For petitioner : Mr.R.J.Karthick For Respondents : Mr.M.Vaikkam Karunanithi for R1 & R 2 Government Advocate (Crl. Side) 1/5

O R D E R This petition has been filed seeking direction to the learned II Additional Sessions Court (PCR Court), Tirunelveli, to accept the surrender of the petitioner in connection with Crime No.373 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.373 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 341, 342, 294(b), 323, 324 & 506(ii) of IPC and under Sections 3(1)(r), 3(1)(s) & 3(2)(va) 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 submit that the injured in this case has been discharged from the hospital and the petitioner has no previous case.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 2/5

1)The petitioner shall appear before the learned II Additional Sessions Court (PCR Court), 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.

21.11.2023 Index : Yes/No Internet : Yes/No TM To 1.The II Additional Sessions Court (PCR Court), Tirunelveli. 2.The Deputy Superintendent of Police, Cheranmahadevi Sub Division, Tirunelveli District.

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

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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