Madras High CourtCRL OP(MD)/22067/2023disposed of

S.Karthikeyan 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. S.Karthikeyan

2. S.Anbazhagan @ Ramaiah

3. V.Velmurugan ... Petitioners / Accused Nos.1 to 3 Vs.

1.The Deputy Superintendent of Police, Orathanadu Sub-Division, Orathanadu, Thanjavur District.

2. State rep by, The Sub Inspector of Police, Orathanadu Police Station, Orathanadu Thanjavur District, (Crime No.971/2023).

3.Karunanithi ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the First Additional District and Sessions Court for PCR Cases, Thanjavur to accept the surrender of the 1/5

petitioners and consider their bail applications on the same day of surrender in connection with the Crime No.971/2023 dt.28.11.2023, on the file of the 2nd respondent police.

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

ORDER

This Criminal Original Petition is filed to direct the First Additional District and Sessions Court for PCR Cases, Thanjavur, to accept the surrender of the petitioners and consider their bail applications on the same day of surrender in connection with the Crime No.971/2023 dated 28.11.2023, on the file of the 2nd respondent police. 2.The petitioners are the accused Nos.1 to 3 in Crime No.971 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 147, 148, 294(b), 341 and 506(2) of IPC and Section 3(1) (r), 3(1)(s), 3(2)(va), 3(1)(a) and 3(1)(f) of SC/ST (Prevention of Atrocities Act), 1989.

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3. Mr.M.Vaikkam Karunanithi, learned Government Advocate (Crl. side), accepts notice for the respondents 1 and 2. He would further submitted that the injury sustained by the injured is only simple in nature. 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 First Additional District and Sessions Judge, for PCR Cases, Thanjavur, 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 First Additional District and Sessions Court for PCR Cases, Thanjavur.

2.The Deputy Superintendent of Police, Orathanadu Sub-Division, Orathanadu, Thanjavur District.

3.The Sub Inspector of Police, Orathanadu Police Station, Orathanadu, Thanjavur District, (Crime No.971/2023). 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

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