Petchimuthu v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.471 of 2024 1.Petchimuthu 2.Boopathi 3.Jothi Murugan

...Petitioners

vs 1.The Deputy Superintendent of Police, Valliyur Division, Tirunelveli District.

2.The Inspector of Police, Radhapuram Police Station, Tirunelveli District, Crime No.3 of 2024 3.Murugan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the II Additional Sessions Judge (Special Court for PCR Cases), Tirunelveli to consider the petitioners' bail application on the same day of their surrender in Crime No.3 of 2024 on the file of the 2nd respondent.

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For Petitioners : Mr.T.Lenin Kumar 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 II Additional Sessions Judge (Special Court for PCR Cases), Tirunelveli, to consider the Petitioners' bail applications on the same day of surrender in Crime No.3 of 2024 on the file of the 2nd Respondent. 2.When the case came up for hearing, the learned Government Advocate (Crl.side) submits that the Petitioners were arrayed as accused Nos.1 to 3 in Crime No.3 of 2024 on the file of the second Respondent. As per the prosecution case, when the Petitioners were riding in a two wheeler, the defacto complainant had advised them not to ride the vehicle rashly and negligently, for which the Petitioners herein are alleged to have attacked the third Respondent causing him loss of teeth and suffering injuries. He was admitted in the hospital and treated as in-patient for two days and subsequently, discharged. He would further submit that the Petitioners have no previous case.

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3.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 II Additional Sessions Judge (Special Court for PCR 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.

ii) On such surrender by the Petitioners, the learned II Additional Sessions Judge (Special Court for PCR Cases), Tirunelveli, 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 11.01.2024 Index:Yes/No mm 3/5

To 1.The II Additional Sessions Judge (Special Court for PCR Cases), Tirunelveli.

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

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

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SATHI KUMAR SUKUMARA KURUP , J.

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