Madras High CourtCRL OP(MD)/21897/2023disposed of

Sakthivel Murugan @ Rathinavel Pandian v. The Deputy Superintendent Of Police

2023-12-05Honourable Mr Justice G.Ilangovan4 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.21897 of 2023 Sakthivel Murugan @ Rathinavel Pandian ... Petitioner/2nd Accused Vs.

1.The State rep by its, The Deputy Superintendent of Police, Alangulam Sub-Division, Tenkasi District.

...1st Respondent/ Investigation Officer 2.The State rep by its, The Inspector of Police, Alangulam Police Station, Tenkasi District.

(Crime No.277/2023) ...2nd Respondent/Complainant 3.Rajinikanth ...3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petwition is filed under Section 482 of Cr.P.C, to direct the learned II Additional District and Session Judge, (PCR), Tirunelveli, to consider the bail application of the petitioner in connection with the FIR in Crime No.277/2023 on the file of 2nd respondent Police on the very same date of the surrender of the petitioner and consequently, to enlarge the petitioner on bail on the very same day 1/4

itself by disposing the petitioner's bail application. For Petitioner : Mr.M.S.Jeyakarthik For R1 & R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) O R D E R This petition has been filed to direct the learned II Additional District and Session Judge, (PCR), Tirunelveli, to consider the bail application of the petitioner in connection with the FIR in Crime No. 277/2023 on the file of 2nd respondent Police on the very same date of the surrender of the petitioner and consequently, to enlarge the petitioner on bail on the very same day itself by disposing the petitioner's bail application.

2.The petitioner is the accused persons in Crime No.277 of 2023 on the file of the 2nd respondent Police for the offences punishable under Sections 294(b), 324, 506(ii) of IPC @ 294(b), 324, 506(ii) IPC and Sections 3(1)(r) and 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 3.Mr.M.Vaikkam Karunanithi, learned Additional Public Prosecutor, accepts notice for the respondents 1 and 2. He would submit 2/4

that the petitioner has no previous case and the injured is discharged from the hospital on 24.08.2023.

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 II Additional District and Session 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 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 3/4

G.ILANGOVAN. J.

Indu To 1.The II Additional District and Session Court, (PCR), Tirunelveli.

2.The Deputy Superintendent of Police, ALANGULAM Sub-Division, Tenkasi District.

3.The Inspector of Police, ALANGULAM Police Station, Tenkasi District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD) No.21897 of 2023 05.12.2023 4/4