Sitheswarn v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2024

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN 1.Sitheswaran 2.Santhosh 3.Mallika ... Petitioners Vs.

1.The Deputy Superintendent of Police, Bhavani, Erode District.

2.The Inspector of Police, Bhavani Police Station, Erode District.

(Crime No.403 of 2024) 3.Gowrishankar ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS Act, seeking direction to the learned Principal District and Sessions Judge for SC / ST Act cases, Erode to consider the bail application filed by the petitioners on their surrender in connection with Crime No.403 of 2024 on the file of the 2nd respondent Police on the same day.

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For Petitioners : Mr.J.Ranjithkumar For Respondents : Mr.S.Udayakumar Government Advocate (Crl. Side) for R1 Mr.Eswar for R2

O R D E R

This petition is filed for considering the bail application on the same day by the Special Court for SC / ST offences at Erode.

2. At the time of admission, the defacto complainant himself has entered appearance and therefore, the Court had occasion to hear both sides and passed an interim order on 08.08.2024, directing the respondent Police to continue investigation but not to file final report and the defacto complainant was given an opportunity to file counter, if any.

3. Today, when the matter is taken up for consideration, the learned counsel for the defacto complainant would submit that this is the case where the defacto complainant sustained injury and hospitalized and therefore, the petitioner does not deserve bail.

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4.Taking into consideration the objections and the course of investigation conducted so far, this Court direct the petitioners herein to surrender before the Special Court for SC / ST offences at Erode and execute a bond for a sum of Rs.50,000/- each with two sureties, each for a like sum to the satisfaction of the Principal District and Sessions Court for SC / ST cases, Erode and report before the 2nd respondent Police on every Monday until further orders and co-operate with the investigation.

5. This Criminal Original Petition is disposed of with the above directions. No costs.

09.09.2024 kkn Index : Yes/No Speaking order:Yes/No 3/4

Dr.G.JAYACHANDRAN, J.

KKN To 1.The Deputy Superintendent of Police, Bhavani, Erode District.

2.The Inspector of Police, Bhavani Police Station, Erode District.

3.The Principal District and Sessions Court for SC/ST cases, Erode.

4.The Public Prosecutor, Madras High Court.

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