Madras High CourtCRL OP(MD)/111/2024disposed of

Ravichandran @ Ravikumar v. The Deputy Superintendent Of Police

2024-01-05Honourable Mr Justice Sathi Kumar Sukumara Kurup5 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.111 of 2024 1.Ravichandran @ Ravikumar 2.Baskar 3.Sakthivel

...Petitioners

vs 1.The Deputy Superintendent of Police, Ilupur, Pudukkottai.

2.The Inspector of Police, Ilupur Police Station, Pudukkottai District, Crime No.306 of 2023 3.Mahendran

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the Learned Principal Sessions Judge (Special Court for PCR Cases), Pudukkottai District to consider the bail application filed by the petitioners on the same day of surrender in Crime No.306 of 2023 on the file of the 2nd respondent Police.

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For Petitioners : Mr.P.Ganapathi Subramanian 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 Principal Sessions Judge (Special Court for PCR Cases), Pudukkottai District, to consider the Petitioners' bail applications on the same day of surrender in Crime No.306 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 petitioners are alleged to have abused and assaulted the defacto complainant causing injuries on him. The injured has been discharged from the hospital. There are case and counter case. 3.In a case and counter case, both the cases had to be investigated by the same Investigation Officer and the final report had to be laid before the same Court, so that the Court can decide who is aggressor and who is the victim.

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4.Considering the submissions made by the learned Government Advocate (Crl.side), this Criminal Original Petition is allowed with the following conditions:- i) The Petitioners are directed to surrender before the learned Principal Sessions Judge (Special Court for PCR Cases), Pudukkottai 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.

ii) On such surrender by the Petitioners, the learned Principal Sessions Judge (Special Court for PCR Cases), Pudukkottai District, shall consider the bail applications of the Petitioners 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 3/5

To 1.The Principal Sessions Judge, (Special Court for PCR Cases), Pudukkottai District. 2.The Deputy Superintendent of Police, Ilupur, Pudukkottai.

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

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SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.111 of 2024 05.01.2024 5/5