Raghu v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Raghu ... Petitioner/Accused Rank not known Vs.

1.The State of Tamil Nadu represented by the Deputy Superintendent of Police, Valliyoor, Tirunelveli District.

(Crime No.296 of 2023) 2.The Inspector of Police, Radhapuram Police Station, Tirunelveli District.

... Respondents/Complainant 3.E.Vijay ... Respondent No.3/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue necessary direction to learned II Additional District Judge, (PCR Court) Tirunelveli, to consider and pass orders on bail application to be filed by petitioner in connection with Cr.No.296/2023 pending on file of Radhapuram Police Station. For petitioner : Mr.N.Syed Ali For Respondents : Mr.M.Vaikkam Karunanithi for R1 & R2 Government Advocate (Crl. Side) 1/5

O R D E R This petition has been filed seeking direction to the learned II Additional District Judge, (PCR Court) Tirunelveli, 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 Section 147, 294(b) & 323 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 District Judge, (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.

28.11.2023 Index : Yes/No Internet : Yes/No TM To 1.The II Additional District Judge, (PCR Court) Tirunelveli. 2.The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.

(Crime No.296 of 2023) 3.The Inspector of Police, Radhapuram Police Station, Tirunelveli District.

3/5

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

4/5

G.ILANGOVAN. J.

TM 28.11.2023 5/5