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Madras High CourtCRL OP(MD)/21850/2023disposed of

Sakthivel v. The Deputy Superintendent Of Police

2023-12-05Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.21850 of 2023 Sakthivel ... Petitioner/Accused rank not known Vs.

1.The Deputy Superintendent of Police, K.Pudupatti, Pudukottai District.

2.State rep.by The Inspector of Police, K.Pudupatti Police Station, Pudukottai District.

(Crime No.194 of 2023)

...Respondents No.1 and 2/

Complainants 3.Ganesan

...Respondent No.3/Defacto

Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Additional District and Sessions Judge(PCR), Pudukkottai, to accept the surrender of the Petitioner along with bail application in Cr.No.194 of 2023 on the file of the 2nd respondent Police herein and to consider the bail application on the same day on merits. 1/5

For Petitioner : Mr.A.Arun Prasad For R1 & R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) O R D E R This petition has been filed to direct the Additional District and Sessions Judge(PCR), Pudukkottai, to accept the surrender of the Petitioner along with bail application in Cr.No.194 of 2023 on the file of the 2nd respondent Police herein and to consider the bail application on the same day on merits.

2.The petitioner is the accused persons in Crime No.194 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 342, 363, 506(i) of IPC and Sections 3(1)(r), 3(1) (s) and 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 submit that the petitioner has no previous case and there is no injury in this case. The accused Nos.1 to 3 were arrested and they are still in judicial 2/5

custody.

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 Additional District and Sessions Judge (PCR), Pudukkottai, 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 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.

05.12.2023 Index : Yes/No Internet : Yes/No Indu 3/5

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G.ILANGOVAN. J.

Indu To 1.The Additional District and Sessions Court (PCR), Pudukkottai.

2.The Deputy Superintendent of Police, K.Pudupatti, Pudukottai District.

3.The Inspector of Police, K.Pudupatti Police Station, Pudukottai District.

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

Crl.O.P.(MD) No.21850 of 2023 05.12.2023 5/5