Madras High CourtCRL OP(MD)/23287/2023disposed of

Arun v. The Deputy Superintendent Of Police

2023-12-22Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.23287 of 2023 1.Arun 2.Prabhakaran ... Petitioners/Accused Nos.1 & 2 Vs.

1.The Deputy Superintendent of Police, Melur Sub Division, Madurai District.

2.The Inspector of Police, Kottampatti Police Staiton, Madurai District.

(In Crime No.362 of 2023)

...Respondents No.1 and 2/

Complainants 3.C.Chandra Selvam ...3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Court for PCR Cases, Tirunelveli, to accept the surrender of the petitioner and consider his bail applications on the same day in Crime No.362 of 2023 pending on the file of the second respondent Police.

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For Petitioners : Mr.R.Anandharaj For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.side) O R D E R This petition has been filed to direct the learned Special Court for PCR Cases, Tirunelveli, to accept the surrender of the petitioner and consider his bail applications on the same day in Crime No.362 of 2023 pending on the file of the second respondent Police. 2.The petitioners are the accused persons in Crime No.362 of 2023 on the file of the 2nd respondent Police for the offences punishable under Section 294(b), 323 and 506(ii) of IPC and Sections 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.Mr.R.M.Anbunithi, learned Additional Public Prosecutor, accepts notice for the respondents 1 and 2. He would further submit that there is no previous case pending against the petitioner and there is no injury in this case.

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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 Special Court for PCR Cases, 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 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.

22.12.2023 Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The Special Court for PCR Cases, Tirunelveli. 2.The Deputy Superintendent of Police, Melur Sub Division, Madurai District.

3.The Inspector of Police, Kottampatti Police Staiton, Madurai District.

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

Crl.O.P.(MD) No.23287 of 2023 22.12.2023 4/4