Madras High CourtCRL OP(MD)/22609/2023disposed of

M.Babu v. The Deputy Superintendent Of Police

2023-12-15Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.22609 of 2023 M.Babu ... Petitioner/Sole Accused Vs.

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

2.The State rep by The Inspector of Police, Kottampatti Police Station, Madurai District.

Crime No.382 of 2023.

...Respondents No.1 and 2

3.Vadivel ...3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the District Sessions Judge cum PCR Court, Madurai, to consider and dispose the petitioner bail application on merits on the same date of surrender in connected with Crime No.382 of 2023 on the file of the Inspector of Police, Kottampatti Police Station, Madurai District. For Petitioner : Mr.K.Mahendran For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.side) 1/4

O R D E R This petition has been filed to direct the District Sessions Judge cum PCR Court, Madurai, to consider and dispose the petitioner bail application on merits on the same date of surrender in connected with Crime No.382 of 2023 on the file of the Inspector of Police, Kottampatti Police Station, Madurai District..

2.The petitioner is the accused persons in Crime No.382 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 294(b), 323, 506(i) of IPC and Section 3(1)(r), 3(1)(s) 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 submit that the petitioner has no previous cases and the injured is discharged on 02.12.2023.

4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 2/4

1)The petitioner shall appear before the learned District Sessions Judge cum PCR Court, 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 petitioner 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.

15.12.2023 Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The District Sessions cum PCR Court, Madurai. 2.The Deputy Superintendent of Police, Melur, Madurai District.

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

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

Crl.O.P.(MD) No.22609 of 2023 15.12.2023 4/4