Madras High CourtCRL OP(MD)/88/2024disposed of

Ananth v. The Deputy Superintendent Of Police

2024-01-05Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.88 of 2024 1.Ananth 2.Kumar @ Rajkumar

...Petitioners

1. The Deputy Superintendent of Police Valliyur Taluk, Tirunelveli District.

2.The Inspector of Police Thisayanvilai Police Station Tirunelveli District.

Crime No.614 of 2023 3.Sumathi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Sessions Judge, Special Court for trial of Cases, registered under SC/ST (POA) Act, Tirunelveli to consider the petitioners bail applications in Crime No.614 of 2023 dated 26.12.2023 on the file of the 2nd Respondent police on the same date of surrender and dispose of the same on its merits in accordance with law. 1/4

For Petitioners : Mr.A.Arun Ramnath For R1 & R2 : Mr.M.Veeranthiran Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the learned Sessions Judge, Special Court for trial of Cases, registered under SC/ST (POA) Act, Tirunelveli, to consider the Petitioners' bail applications on the same day of surrender in Crime No.614 of 2023 on the file of the 2nd Respondent.

2.The learned Government Advocate (Crl.Side) for the Respondents 1 and 2 would submit that that A1, the 1st Petitioner, is having 4 previous cases and A2, the 2nd Petitioner, is having one previous case. As per the case of the prosecution, the Petitioners alleged to have trespassed into the house of the defacto complainant, the third Respondent and attacked her. 3.Considering the submissions made by the learned Government Advocate (Crl.side), this Criminal Original Petition is allowed with the following conditions:- 2/4

i) The Petitioners are directed to surrender before the learned Sessions Judge, Special Court for trial of Cases, registered under SC/ST (POA) Act, Tirunelveli, 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.

ii) On such surrender by the Petitioners, the learned Sessions Judge, Special Court for trial of Cases, registered under SC/ST (POA) Act, Tirunelveli, shall consider the bail applications of the Petitioners and dispose of the same as per law, after issuing notice and hearing the objections of the victim of the crime.

05.01.2024 Internet:Yes/No Index:Yes/No mm Note : Issue order copy on 05.01.2024 To 1.The Sessions Judge, Special Court for trial of Cases, SC/ST (POA) Act, Tirunelveli.

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SATHI KUMAR SUKUMARA KURUP , J.

2. The Deputy Superintendent of Police Valliyur Taluk, Tirunelveli District.

3.The Inspector of Police Thisayanvilai Police Station Tirunelveli District.

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

CRL.O.P (MD) No.88 of 2024 05.01.2024 4/4