Madras High CourtCRL OP(MD)/23268/2023disposed of

Balu @ Balasubramanian 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.23268 of 2023 Balu @ Balasubramanian ... Petitioner/Sole Accused Vs.

1.The Deputy Superintendent of Police, Sankarankovil Police Station Division, Sankarankovil, Tenkasi District.

2.State Represented by The Inspector of Police, Sankarankovil Town Police Station, Tenkasi District.

Crime No.483/2023.

...1st and 2nd Respondents/ Complainants 3.Mariammal ...3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Principal District and Sessions Judge (PCR Court), Tirunelveli, to accept the surrender of the petitioner and consider their bail application on the same day on merit relating to Crime No.483 of 2023 dated 16.12.2023.

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For Petitioner : Mr.C.Rathnavel Pandian 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 Principal District and Sessions Judge (PCR Court), Tirunelveli, to accept the surrender of the petitioner and consider their bail application on the same day on merit relating to Crime No.483 of 2023 dated 16.12.2023.. 2.The petitioner is the accused persons in Crime No.483 of 2023 on the file of the 2nd respondent police for the offences punishable under Sections 354, 506(ii) IPC and r/w. Sections 3(1)(r), 3(1)(w)(ii) and 3(2) (Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 1989.

3.Mr.R.M.Anbunithi, learned Additional Public Prosecutor, accepts notice for the respondents 1 and 2. He would 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 petitioner shall appear before the learned Principal District and Sessions Judge (PCR Court), 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 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.

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

G.ILANGOVAN. J.

Indu To 1.The Deputy Superintendent of Police, Sankarankovil Police Station Division, Sankarankovil, Tenkasi District.

2.The Inspector of Police, Sankarankovil Town Police Station, Tenkasi District.

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

Crl.O.P.(MD) No.23268 of 2023 22.12.2023 4/4