Madras High CourtCRL OP(MD)/21226/2023disposed of

Malliga v. The Deputy Superintendent Of Police

2023-11-27Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.ILANGOVAN

1. Malliga

2. Selvi

3. Muthukannan

4. Mayee ... Petitioners Vs

1. The Deputy Superintendent Of Police, Bodinayakkanur, Theni District.

2. The Inspector of Police, Bodinakkanur Rural Police Station, Theni District. Cr.No.398/2023.

3. Malaiyallam ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the learned District Sessions Judge (SC/ST Act) (PCR Cases), Theni to consider the surrender and Bail application filed by the petitioners in Cr.No.398/2023 pending on the file of the R2 police For Petitioners : Mr. M.Jerin Mathew For R1 and R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) 1/4

ORDER

This Criminal Original Petition had been filed to direct the learned District Sessions Judge (SC/ST Act) (PCR Cases), Theni to consider the petitioners bail applications on the same day of surrender in Crime no.398 of 2023.

2.The petitioners are A1 to A4 in Crime No.398 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 506(i), 109 IPC and Section 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. 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 (SC/ST Act) (PCR Cases), Theni, within a period of 15 days from the date of receipt of a copy of this order.

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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.

27.11.2023 NCC:Yes/No Internet:Yes/No Index:Yes/No PNM To 1.The District Sessions Judge (SC/ST Act) (PCR Cases), Theni

2. The Deputy Superintendent Of Police, Bodinayakkanur, Theni District.

3. The Inspector of Police, Bodinakkanur Rural Police Station, Theni District. Cr.No.398/2023.

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

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G.ILANGOVAN, J.

PNM ORDER IN 27.11.2023 4/4