Madras High CourtCRL OP(MD)/22893/2023disposed of

Kattapandi @ Ramachandran v. The Deputy Superintendent Of Police

2023-12-19Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Kattapandi @ Ramachandran 2.Babu @ Sakthibabu 3.Pulimootai Raju @ Rajaram ... Petitioners/Accused Vs.

1.State through, The Deputy Superintendent of Police, Thirumangalam Division, Madurai District.

2.The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

(Crime No.246 of 2023) ... Respondents/Complainants 3.Ganesan ... Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue a direction to the learned Special District & Session Judge on (PCR Cases) Madurai, to consider the petitioners' bail application on the same day of their surrender in connection with Crime No.246 of 2023 on the file of the second respondent police. For Petitioners : Mr.J.Gunaseelan Muthiah For Respondents : Mr.R.M.Anbunithi, for R1 & R2 Additional Public Prosecutor 1/4

O R D E R This petition has been filed to direct the learned Special District & Session Judge on (PCR Cases) Madurai, to accept the surrender of the petitioners and consider the bail application on the date of their surrender in connection with Crime No.246 of 2023 on the file of the 2nd respondent Police.

2.The petitioners are the accused persons in Crime No.246 of 2023 for the offence under Sections 294(b) and 323 of IPC r/w 3(1)(r), 3(1)(s) and 3(2)(va) 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 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 Special District & Session Judge on 2/4

(PCR Cases) 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.

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

19.12.2023 Index : Yes/No Internet : Yes/No dss To 1.The Special District & Session Judge on (PCR Cases), Madurai.

2.The Deputy Superintendent of Police, Thirumangalam Division, Madurai District.

3.The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

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G.ILANGOVAN. J.

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

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