Madras High CourtCRL OP(MD)/23057/2023disposed of

K.Karthikeyan v. The Deputy Superintendent Of Police

2023-12-21Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN K.Karthikeyan ... Petitioner Vs.

1.The Deputy Superintendent of Police, Kodaikanan, Dindigul District.

2.The Sub Inspector of Police, Thandikudi Police Station, Dindigul District.

(Crime No.186 of 2023) 3.P.Alagarsamy ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the Learned Special Court(PCR), Dindigul accept the surrender of petitioner in connection with Crime no. 186 of 2023 on the file of the second respondent and consider the bail applications to be filed by them on the same day on merits and in accordance.

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For Petitioner : Mr.S.Muthukumar For R1 & R2 : Mr.R.M.Anbunithi Addl.Public Prosecutor (Crl.side)

ORDER

This Criminal Original Petition is filed to direct the Learned Special Court(PCR), Dindigul, to accept the surrender of petitioner in connection with Crime no.186 of 2023 on the file of the second respondent and consider the bail applications to be filed by them on the same day on merits and in accordance.

2. The petitioner is the accused persons in Crime No.186 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 294(b) of IPC read with 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 Government Advocate (Crl. Side), accepts notice for the respondents 1 and 2. He would further submit that the injured in this case has been discharged from the hospital and the petitioner is having two previous cases, among which one case is convicted and another 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 petitioner shall appear before the learned Special Court(PCR), Dindigul, 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 his surrender, after hearing the defacto complainant by complying with Section 15A(3) of the Act. The trial Court shall taken into consider the previous antecedents of the petitioner while passing orders on merits. 5.With the above observation, this Criminal Original Petition is disposed of.

21.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn 3/4

G.ILANGOVAN , J.

pnn To 1.The Judge, Special Court (PCR), Dindigul.

2.The Deputy Superintendent of Police, Kodaikanal, Dindigul District.

3.The Sub Inspector of Police, Thandikudi Police Station, Dindigul District.

(Crime No.186 of 2023) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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