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Madras High CourtCRL OP(MD)/22081/2023disposed of

Moorthi v. The Deputy Superintendent Of Police

2023-12-07Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN

1. Moorthi

2. Nirmala

3. Muthulakshmi ... Petitioners Vs.

1.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Melur Taluk, Melur, Madurai.

2.State Rep by its The Inspector of Police, Kottampatti, Melur Taluk, Madurai.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the 3rd Additional District and Sessions Court(Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, 1989, Madurai to accept the surrender of the petitioners/accused No.1 to 3 and consider the petitioners bail 1/5

application and grant bail on the date of surrender itself in Crime No 345 of 2023 on the file of the 2nd respondent police. For Petitioners : Mr.Niranjan S.Kumar For Respondents : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side)

ORDER

This Criminal Original Petition is filed to direct the 3rd Additional District and Sessions Court(Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, 1989, Madurai to accept the surrender of the petitioners/accused No.1 to 3 and consider the petitioners bail application and grant bail on the date of surrender itself in Crime No 345 of 2023 on the file of the 2nd respondent police. 2.The petitioners are the accused persons in Crime No.345 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 147, 148, 294(b), 324, 506(2) of IPC and Section 3(1)(r), 3(1) (s), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989. 2/5

3.Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. side), accepts notice for the respondents 1 and 2. He would further submitted 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 3rd Additional District and Sessions Court(Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, 1989, Madurai, 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.

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

07.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn To 1.The 3rd Additional District and Sessions Court (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, 1989, Madurai. 2.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Melur Taluk, Melur, Madurai.

3.The Inspector of Police, Kottampatti, Melur Taluk, Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN , J.

pnn 07.12.2023 5/5