Madras High CourtCRL OP(MD)/22019/2023disposed of

Palanisamy v. The Deputy Superintendent Of Police

2023-12-07Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Palanisamy 2.Satheesh @ Sathishkumar ... Petitioners Vs.

1.The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.

2.State:

Rep the Inspector of Police, Gandarvakkottai Police Station, Pudukkottai District, (Crime No.600/2023).

3.Maniyarasan ... 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 PCR Cases), Pudukottai to accept the surrender of the petitioners and consider their bail application on the same day on merit relating to crime no.600/2023 dated 28.11.2023. 1/4

For Petitioners : Mr.D.Rameshkumar 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 PCR Cases), Pudukottai to accept the surrender of the petitioners and consider their bail application on the same day on merit relating to crime no.600/2023 dated 28.11.2023.

2.The petitioners are the accused persons in Crime No.600 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 147, 294(b), 324 and 427 of IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (POA) Amendment 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 the injured in this case has been discharged from the hospital. There is no previous case against the petitioners. 2/4

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 PCR Cases), Pudukottai, 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 :

Yes / No pnn 3/4

G.ILANGOVAN , J.

pnn To 1.The District and Sessions Judge, (Special Court for PCR Cases), Pudukottai.

2.The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.

3. The Inspector of Police, Gandarvakkottai Police Station, Pudukkottai District, (Crime No.600/2023).

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

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