Madras High CourtCRL OP(MD)/81/2024disposed of

Sweety v. The Deputy Superintendent Of Police

2024-01-08Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.81 of 2024 1.Sweety 2.Dhavan Dev @ Dhavam 3.Dharanidharan

...Petitioners / Accused 1 to 3

Vs.

1.State by its Deputy Superintendent of Police, Uthamapalayam Sub - Division, Theni District.

2. The Sub Inspector of Police, Uthamapalayam Police Station, Theni District.

...Respondents 1&2/Complainants

3.Selvi ... 3rd Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the Special Judge for SC/ST (POA) Act Cases, Theni, to accept the surrender of the Petitioners in Crime No.468 of 2023 pending on the file of the 2nd Respondent and enlarge the Petitioners on bail. 1/4

For Petitioners : Mr.G.Rajan 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 SC/ST (POA) Act Cases, Theni, to accept the surrender of the Petitioners in Crime No.468 of 2023 pending on the file of the 2nd Respondent and enlarge the Petitioners on bail.

2. The learned Government Advocate (Crl.Side) submits that the Petitioners herein are A1 to A3. The Petitioners and the 3rd Respondent / Defacto complainant are neighbours. As per the complaint of the third Respondent / Defacto Complainant, the Defacto Complainant is alleged to have asked the 1st Petitioner to switch on the water motor, based on which, the dispute arose, on which, the Defacto complainant was attacked by the Petitioners herein. She was injured. She underwent treatment as out patient and discharged from the Hospital. There are no previous cases against the Petitioners.

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3. The learned counsel for the 3rd Respondent / Defacto Complainant submits that the 3rd Respondent was treated as Out Patient for 5 days and thereafter, discharged from the Hospital.

4. Considering the submissions made by the learned counsel for the Petitioners, learned counsel for the 3rd Respondent/ Defacto complainant 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 SC/ST (POA) Act Cases, Theni, 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.

5. On such surrender by the Petitioners, the learned Special Judge for SC/ST (POA) Act Cases, Theni, shall consider the bail application of the Petitioners and dispose of the same, after issuing notice to the 3rd Respondent / Defacto complainant and after hearing their objections of the victim of the crime, pass appropriate orders as per law. Internet:Yes./No 08.01.2024 Index:Yes/No NCC : Yes/No Ls 3/4

SATHI KUMAR SUKUMARA KURUP , J.

LS To 1.The Special Judge for SC/ST (POA) Act Cases, Theni

2. Deputy Superintendent of Police, Uthamapalayam Sub - Division, Theni District.

3. The Sub Inspector of Police, Uthamapalayam Police Station, Theni District.

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

CRL.O.P (MD) No.81 of 2024 08.01.2024 4/4