Madras High CourtCRL OP(MD)/546/2024disposed of

Kalith Alehiya @ Kalithsmail Shheem v. The Deputy Superintendent Of Police

2024-01-12Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P. (MD) No.546 of 2024 Kalith Alehiya @ Kalithsmail Shheem ... Petitioner vs 1.The Deputy Superintendent of Police Office of the Deputy Superintendent of Police , Nagercoil Sub Division, Kanniyakumari District.

2 .State through The Inspector of Police Aralvoimozhi Police Station, Kanniyakumari District.

3.Subash ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Additional District Court No.II for PCR Act Cases, Tirunelveli to consider the bail application filed by the Petitioner and pass order in the bail application filed by the Petitioner on the same date of his surrender in Crime No.2 of 2024 on the file of the 2nd Respondent in accordance with law.

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For Petitioner : Mr.D.Ramya 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 Additional District Court No.II for PCR Act Cases, Tirunelveli, to consider the bail application filed by the Petitioner and pass order in the bail application filed by the Petitioner on the same date of his surrender in Crime No.2 of 2024 on the file of the 2nd Respondent.

2. The learned Government Advocate (Crl.Side) submits that the Petitioner is alleged to have attacked the 3rd Respondent with his hands. Further, the learned Government Advocate (Crl.Side) submits that the 3rd Respondent was injured. He underwent treatment as in patient for one day and discharged from the Hospital. There are no previous case against the Petitioner.

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3. Considering the submissions made by the learned Government Advocate (Crl.Side), this Criminal Original Petition is disposed of. The Petitioner is directed to surrender before the learned Additional District Court No.II for PCR Act Cases, 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.

4. On such surrender by the Petitioner, the Additional District Court No.II for PCR Act Cases, Tirunelveli, shall consider the bail application of the Petitioner 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. 12.01.2024 Internet:Yes/No Index:Yes/No LS 3/4

SATHI KUMAR SUKUMARA KURUP , J.

LS To 1.The Additional District Court No.II for PCR Act Cases, Tirunelveli.

2.The Deputy Superintendent of Police Office of the Deputy Superintendent of Police , Nagercoil Sub Division, Kanniyakumari District.

3.The Inspector of Police Aralvoimozhi Police Station, Kanniyakumari District.

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

CRL.O.P. (MD) No.546 of 2024 12.01.2024 4/4