Mukesh Kannan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.951 of 2024

1. Mukesh Kannan

2. Sugi @ Sugumaran

3. Kittu @ Krishnan

4. Parthiban

...Petitioners

vs

1. State through, The Deputy Superintendent of Police Illuppur, Pudukkottai District.

2. State through, The Sub-Inspector of Police Viralimalai Police Station, Pudukkottai District.

3. Poopathi

...Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Additional District and Sessions Judge (Special Court for PCR Act Cases), Pudukottai, to accept the surrender of the Petitioner and consider his bail application on the same day on merits in relating to Crime No.11 of 2024 on the file of the second Respondent. For Petitioners : Mr.S.Sekar For R1 & R2 : Mr.T.Sethil Kumar Additional Public Prosecutor

O R D E R

The learned Counsel for the Petitioners submitted that the Petitioners had filed this Criminal Original Petition seeking direction against the learned Additional District and Sessions Judge (Special Court for PCR Act Cases), Pudukottai, to accept the surrender of the Petitioners and consider their bail application in Crime No.11 of 2024, pending before the second Respondent.

2. The learned Additional Public Prosecutor appearing for the Respondents 1 and 2 would submit that the Petitioners are alleged to have attacked the third Respondent/De-facto complainant with wooden log. The 2/5

third Respondent/De-facto complainant suffered injuries and treated as inpatient in the Hospital for two days. Hence the case was registered in Crime No.11 of 2024, based on the complaint of the third Respondent. It is his further submission that A1 has no previous case, A2 has six previous cases, five cases are disposed of and one case is pending, A3 has three previous cases, two cases are disposed of and one case is pending, A4 has no previous case. Also, the learned Additional Public Prosecutor submitted that it is case and counter case.

3. Considering the submissions made by the learned Additional Public Prosecutor and the learned Counsel for the Petitioners, this Court directs the Petitioners to surrender before the learned Additional District and Sessions Judge (Special Court for PCR Act Cases), Pudukottai, 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 Petitioners and on filing an application for bail, the learned Additional District and Sessions Judge (Special Court for PCR Act Cases), Pudukottai, shall consider the bail application of the 3/5

Petitioners, after issuing notice to the victim of crime/De-facto Complainant and after hearing the objections of the victim of the crime, and shall pass appropriate orders as per law.

5. With the above said direction, this Criminal Original Petition is disposed of.

14.02.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No jbr To

1. The Additional District and Sessions Judge for PCR Cases, Pudukkottai.

2. The Deputy Superintendent of Police Illuppur, Pudukkottai District.

3. The Sub-Inspector of Police Viralimalai 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.

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