Madras High CourtCRL OP(MD)/20958/2023disposed of

Rajasekar v. The Deputy Superintendent Of Police

2023-11-22Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.20958 of 2023

1. Rajasekar

2. Mugesh

3. Mugeshkumar @ Sullan ... Petitioners/Accused 1, 3 and 4 Vs.

1. The Deputy Superintendent of Police, Alangulam, Tenkasi District.

2. The Inspector of Police, Alangulam Police Station, Tenkasi District.

Crime No. 334 of 2023.

...Respondents No.1 and 2/

Complainants

3. Aravinth ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the II Additional District and Sessions (PCR) Court, Tirunelveli, to consider the bail application of the petitioners on the same day of their surrender in Crime No.334 of 2023 on the file of the respondent Police.

For Petitioners : Mr.S.Sukumar For R1 and R2 : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl. Side) 1/4

O R D E R This petition has been filed to direct the II Additional District and Sessions (PCR) Court, Tirunelveli, to consider the bail application of the petitioners on the same day of their surrender in Crime No.334 of 2023 on the file of the respondent Police.

2.The petitioners are the accused persons in Crime No.334 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 341, 294(b), 352, 506(ii) of IPC r/w. Sections 3(1)(r), 3(1)(s) 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 there is no injury in this case and no previous case is pending against the petitioner.

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

1)The petitioners shall appear before the II Additional District and Sessions (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 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.

22.11.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The II Additional District and Sessions (PCR) Court, Tirunelveli.

2.The Deputy Superintendent of Police, Alangulam, Tenkasi District.

3.The Inspector of Police, Alangulam Police Station, Tenkasi District.

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

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