Naveenraj v. The Deputy Superintendent Of Police

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.129 of 2024 Naveenraj

...Petitioner

vs 1.The Deputy Superintendent of Police, Koradacherry Police Station, Thiruvarur District.

2.The Inspector of Police, Koradacherry Police Station, Thiruvarur District, Crime No.493 of 2023 3.Senthilkumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the II Additional District and Sessions Judge (PCR), Thanjavur to accept the surrender of the petitioner and to consider the bail application to be filed by the petitioner on the same day in Cr No.493/2023 on the file of the 2nd respondent police.

For Petitioner : Mr.T.A.Ebenezer For R1 & R2 : Mr.M.Veeranthiran Government Advocate (Crl.side) 1/5

O R D E R

This Criminal Original Petition has been filed to direct the learned II Additional District and Sessions Judge (PCR), Thanjavur, to consider the Petitioner's bail applications on the same day of surrender in Crime No.493 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 petitioner is having two previous cases. The injured was discharged from the hospital after treatment. 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.

4.Considering the submissions made by the learned Government Advocate (Crl.side), this Criminal Original Petition is allowed with the following conditions:- 2/5

i) The Petitioner is directed to surrender before the learned II Additional District and Sessions Judge (PCR), Thanjavur, 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 Petitioner, the learned II Additional District and Sessions Judge (PCR), Thanjavur, 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 II Additional District and Sessions Judge, (PCR), Thanjavur.

2.The Deputy Superintendent of Police, Koradacherry Police Station, Thiruvarur District.

3.The Inspector of Police, Koradacherry Police Station, Thiruvarur District, 3/5

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

4/5

SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.129 of 2024 05.01.2024 5/5