Madras High CourtCRL OP(MD)/21550/2023disposed of

Visuvasam v. The Deputy Superintendent Of Police

2023-11-30Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:30.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN

1. Visuvasam

2. Sathish

3. Albert ... Petitioners Vs.

1.The Deputy Superintendent of Police, Nanguneri Sub-Division, Tirunelveli District.

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

3.Narayanan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the II Additional District and Sessions Judge(PCR), Tirunelveli, to consider the bail petition to be filed by the petitioners on the same day on their surrender in connection with Crime No.543/2023 on the file of the second Respondent Police. 1/4

For Petitioners : Mr.V.Sasi Kumar For R1 & R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side)

ORDER

This Criminal Original Petition is filed to direct the II Additional District and Sessions Judge(PCR), Tirunelveli, to consider the bail petition to be filed by the petitioners on the same day on their surrender in connection with Crime No.543/2023 on the file of the second Respondent Police.

2.The petitioners are the accused persons in Crime No.543 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 297 of IPC, Section 3(1)(v), 3(1)(za)(A) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and Section 3(1) of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992. 3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. side), accepts notice for the respondents 1 and 2. There is no previous case against the petitioners.

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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 II Additional District and Sessions Judge(PCR), 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.

30.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn G.ILANGOVAN , J.

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pnn To 1.The II Additional District and Sessions Judge(PCR), Tirunelveli. 2.The Deputy Superintendent of Police, Nanguneri Sub-Division, Tirunelveli District. 3.The Inspector of Police, Kalakkad Police Station, Tirunelveli District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 30.11.2023 4/4