Madras High CourtCRL OP(MD)/21744/2023disposed of

Mookkuthi @ Muruganantham v. The Deputy Superintendent Of Police

2023-12-04Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Mookkuthi @ Muruganantham ... Petitioner Vs.

1.The Deputy Superintendent of Police, Vallam Division, Thanjavur District.

2.The Inspector of Police, Vallam Police Station, Thanjavur District, In(Crime No.481 of 2023) 3.Susila ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the Learned I-Additional District and Sessions Judge(PCR)Court, Thanjavur, to consider the bail application to be filed by the Petitioner on the same day on his surrender in connection with Cr.No.481 of 2023 on the file of the 2nd Respondent. 1/5

For Petitioner : Mr.S.Venkatesan For R1 & R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side)

ORDER

This Criminal Original Petition is filed to direct the Learned IAdditional District and Sessions Judge(PCR)Court, Thanjavur, to consider the bail application to be filed by the Petitioner on the same day on his surrender in connection with Cr.No.481 of 2023 on the file of the 2nd Respondent.

2.The petitioner is the accused persons in Crime No.481 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 294(b), 323 and 506(ii) of IPC read with Section 4 of TNPHW Act, 2002, read with Sections 3(1)(r), 3(1)(s) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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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. 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 :- 1)The petitioner shall appear before the learned I-Additional District and Sessions Judge(PCR)Court, Thanjavur, 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. 3/5

5.With the above observation, this Criminal Original Petition is disposed of.

04.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn To 1.The Deputy Superintendent of Police, Vallam Division, Thanjavur District.

2.The Inspector of Police, Vallam Police Station, Thanjavur District, In(Crime No.481 of 2023) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

pnn 04.12.2023 5/5