Madras High CourtCRL OP(MD)/23424/2023disposed of

Sasikumar 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.23424 of 2023 1.Sasikumar 2.Subramani 3.Pandi ... Petitioners/1st to 3rd Accused Vs.

1.The Deputy Superintendent of Police, Usilampatti Division, Madurai District.

In Crime No.393/2023.

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

...1st and 2nd Respondents/ Complainants 3.Kottaisamy ...3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 3rd Additional District Court for PCR Act Cases, Madurai, to consider the surrender and bail application filed by the petitioners in Crime No.393 of 2023 pending investigation on the file of the respondent Police on the same day.

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For Petitioners : Mr.J.Karthikeyan 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 3rd Additional District Court for PCR Act Cases, Madurai, to consider the surrender and bail application filed by the petitioners in Crime No.393 of 2023 pending investigation on the file of the respondent Police on the same day. 2.The petitioners are the accused persons in Crime No.393 of 2023 on the file of the 2nd respondent police for the offences punishable under Section 294(b), 323, 324 and 506(ii) of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

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 the injured is discharged on 15.12.2023.

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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 3rd Additional District Court for PCR Act 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.

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

G.ILANGOVAN. J.

Indu To 1.The III Additional District Court for PCR Act Cases, Madurai.

2.The Deputy Superintendent Of Police, Usilampatti Division, Madurai District.

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

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

Crl.O.P.(MD) No.23424 of 2023 22.12.2023 4/4