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Madras High CourtCRL OP(MD)/92/2024disposed of

Selvakumar @ Kishore @ Kishor Selvakumar 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.92 of 2024 Selvakumar @ Kishore @ Kishor Selvakumar

...Petitioner

vs 1.The Deputy Superintendent of Police, Lalgudi, Trichy District.

2.The Inspector of Police, Lalgudi Police Station, Trichy District, Crime No.570 of 2023 3.Nivetha

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the I Additional Sessions Judge, Trichy to consider the petitioner's bail application on the same of his surrender in Crime No. 570/2023 on the file of the 2nd respondent.

For Petitioner : Mr.T.Lenin Kumar For R1 & R2 : Mr.M.Veeranthiran Government Advocate (Crl.side) 1/4

O R D E R

This Criminal Original Petition has been filed to direct the learned I Additional Sessions Judge, Trichy, to consider the Petitioner's bail applications on the same day of surrender in Crime No.570 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 the third respondent/the defacto complainant had built a temporary house in the land of the first accused. The petitioner is the fourth accused. He is a Driver of the JCB vehicle. He is alleged to have demolished the house using the JCB. He has no previous case. 3.Considering the submissions made by the learned Government Advocate (Crl.side), this Criminal Original Petition is allowed with the following conditions:- i) The Petitioner is directed to surrender before the learned I Additional Sessions Judge, Trichy, 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 2/4

in the official web-site of this Court.

ii) On such surrender by the Petitioner, the learned I Additional Sessions Judge, Trichy, shall consider the bail applications of the Petitioner and dispose of the same as per the provisions of SC/ST (Prevention of Atrocities) Act, 1989, after issuing notice and hearing the objections of the victim of the crime.

Internet:Yes./No 05.01.2024 Index:Yes/No mm To 1.The I Additional Sessions Judge, Trichy.

2.The Deputy Superintendent of Police, Lalgudi, Trichy District.

3.The Inspector of Police, Lalgudi Police Station, Trichy District, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.92 of 2024 05.01.2024 4/4