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Madras High CourtCRL OP(MD)/22035/2023disposed of

Muthusaravanan v. The Deputy Superintendent Of Police

2023-12-07Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN

1. Muthusaravanan

2. Arun @ Arunkumar

3. Suriya @ Suryaprakash

4. Chinnan @ Chinnasamy

5. Palraj @ Balamurugan

6. Sivapandi

7. Malairaman

8. Manojkumar @ Manoj

9. Ajith 10.Gandhiraja 11.Madhavan 12.Kaliraja @ Kalidas 13.Rajkumar 14.Saran @ Saranpandi 15.Muthueswaran 16.Sajith 17.Kesavan ... Petitioners Vs.

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1.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Theni, Theni District.

2.State through the Inspector of Police, Veerapandi Police Station, Theni District.

(In Crime No.413 of 2023) 3.Naveeneswaran ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the Learned District and Sessions Judge, Special Court for the Exclusive Trial of PCR Court, Theni, Theni District to consider the bail application of the petitioners on the same day in Crime no.413 of 2023 dated 13.11.2023 on the file of 2nd Respondent.

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

ORDER

This Criminal Original Petition is filed to direct the learned District and Sessions Judge, Special Court for the Exclusive Trial of PCR Court, Theni, Theni District to consider the bail application of the 2/6

petitioners on the same day in Crime no.413 of 2023 dated 13.11.2023 on the file of 2nd Respondent.

2. The petitioners are the accused persons in Crime No.413 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 341, 506(ii) of IPC read with Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015.

3. Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. side), accepts notice for the respondents 1 and 2. He would further submitted that it is a case, case in counter. The injured in this case has been discharged from the hospital. There is no previous case against the petitioners.

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 District and Sessions Judge, Special Court for the Exclusive Trial of PCR Court, 3/6

Theni, Theni District, 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.

07.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

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To 1.The District and Sessions Judge, Special Court for the Exclusive Trial of PCR Court, Theni, Theni District.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Theni, Theni District.

3.The Inspector of Police,Veerapandi Police Station,Theni District. (In Crime No.413 of 2023) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

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