Madras High CourtCRL OP(MD)/55/2024disposed of

Ramesh Ramanathan v. The Deputy Superintendent Of Police

2024-01-04Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.55 of 2024 1.Ramesh Ramanathan 2.Umaram

...Petitioners / Accused 1 & 3

Vs.

1.The Deputy Superintendent of Police, Kodaikanal Sub - Division, Kodaikanal, Dindigul District.

2.State, rep by The Inspector of Police, Kodaikanal Town Police Station, Dindigul District.

...Respondents 1&2/Complainants

3.Kalishwari ... 3rd Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the learned Special Judge for Trial of Cases under SC / ST (POA) Act, Dindigul District, to dispose the bail application to be filed by the Petitioners on merits on the same day of their surrender before the above mentioned Court in pending investigation of Crime No.367 of 2023, on the file of the respondent police.

1/4

For Petitioners : Mr.G.Thalaimutharasu For Respondents : Mr.M.Veeranthiran Government Advocate (Crl.side) for R1&2

O R D E R

This Criminal Original Petition has been filed to direct the learned Special Judge for Trial of Cases under SC / ST (POA) Act, Dindigul District, to consider the Petitioners bail applications on the same day of surrender in Crime No. 367 of 2023 dated 26.12.2023 on the file of the second Respondent police.

2. The learned Government Advocate (Crl.Side) submits that the Accused Nos.4 to 12 had been arrested on 27.12.2023 and still in Prison. The Petitioners herein are A1 and A3. As per the complaint of the third Respondent / Complainant, the Petitioners herein are alleged to have trespassed into the house of the third Respondent and damaged articles and also taken away 4 Sovereigns of gold jewels and also damaged the Electrical items, like TV and other articles belonging to the third Respondent. Therefore, the third Respondent had lodged a complaint. He 2/4

further submits that there was a property dispute. As per the claim of the Accused Nos.1 to 3/ Petitioners, the defacto complainant is alleged to have encroached the portion of the land of the Petitioners.

3. Considering the submissions made by the learned counsel for the Petitioners and the learned Government Advocate (Crl.Side), this Criminal Original Petition is disposed of. The Petitioners are directed to surrender before the learned Special Judge for Trial of Cases under SC / ST (POA) Act, Dindigul District, within 15 days from the date of receipt of a copy of this order or from the date of uploading the copy of this order in the official web-site of this Court.

4. On such surrender by the Petitioners, the learned Special Judge for Trial of Cases under SC / ST (POA) Act, Dindigul District, shall consider the bail application of the Petitioners and dispose of the same as per law. Internet:Yes./No 04.01.2024 Index:Yes/No NCC : Yes/No Ls 3/4

SATHI KUMAR SUKUMARA KURUP , J.

LS To 1.The Special Judge for Trial of Cases under SC / ST (POA) Act, Dindigul District, 1.The Deputy Superintendent of Police, Kodaikanal Sub - Division, Kodaikanal, Dindigul District.

2.The Inspector of Police, Kodaikanal Town Police Station, Dindigul District.

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

CRL.O.P (MD) No.55 of 2024 04.01.2024 4/4