Madras High CourtCRL OP(MD)/21348/2023disposed of

Sunilkumar 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 HON'BLE MR.JUSTICE G.ILANGOVAN Sunilkumar ... Petitioner Vs.

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

2.The State rep by The Inspector of Police, Radhapuram Police Station, Tirunelveli District.

(In Cr.No.296/2023) 3.V.Vijay ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the Learned Principal Sessions Judge (Special Court for PCR Cases), Tirunelveli District to consider the bail application filed by the petitioner on the same day of surrender in Cr.No. 296 of 2023 on the file of the second respondent Police. For Petitioner : Mr.M.Laxmi Mahendraa For R1 & R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) 1/4

ORDER

This petition has been filed seeking direction to the learned Principal Sessions Judge (Special Court for PCR Cases), Tirunelveli District, to accept the surrender of the petitioner in connection with Crime No.296 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.296 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 147, 294(b), 323 of IPC r/w 3(1)(r), 3(j)(s), 3(2)(va) of SC/ST (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 the injured in this case has been discharged from the hospital. 2/4

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 Principal Sessions Judge (Special Court for PCR Cases), Tirunelveli District, 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. The trial Court shall taken into consider the previous antecedents of the petitioner while passing orders on merits. 5.With the above observation, this Criminal Original Petition is disposed of.

27.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn 3/4

G.ILANGOVAN , J.

pnn To 1.The Principal Sessions Judge (Special Court for PCR Cases), Tirunelveli District.

2.The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.

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

(In Cr.No.296/2023) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

27.11.2023 4/4