Madras High CourtCRL OP(MD)/998/2024disposed of

R.Sathish @ R.Sathishkumar v. The Deputy Superintendent Of Police

2024-03-08Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.998 of 2024 Sathish ... Petitioner vs

1. The Deputy Superintendent of Police Bodi, Theni District.

2.The Inspector of Police Chinnamanur Police Station, Theni District.

(In Crime No.5 of 2024) 3.A.Muthukumar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Sessions Judge, Special Court for the Exclusive Trial of Cases under SC and ST (POA) Act, Theni to accept the surrender of the Petitioner and consider his bail application on the same day on merits in relating to Crime No.5 of 2024 on the file of the second Respondent. 1/5

For Petitioner : Mr.S.Vickram For R1 to R3 : Mr.B.Thanga Aravindh Government Advocate (Crl. side) For R3 : Mr.A.Muthukumar

O R D E R

The Petitioner had filed this Criminal Original Petition seeking direction against the learned Sessions Judge, Special Court for the Exclusive Trial of cases under SC and ST (Prevention of Atrocities) Act, Theni, to accept the surrender of the Petitioner and consider his bail application in Crime No.5 of 2024, pending before the second Respondent.

2. The learned Government Advocate (Criminal Side) appearing for the Respondents 1 and 2 would submit that the third Respondent/de-facto Complainant was attacked by the Petitioner with wooden log on the leg. The third Respondent/de-facto Complainant suffered injuries and he was admitted in the hospital as inpatient for 17 days and discharged. There is no previous case pending against the Petitioner

3. Considering the submissions made by the learned Government Advocate (Criminal Side) and the learned Counsel for the Petitioner, this 2/5

Court directs the Petitioner to surrender before the learned Sessions Judge, Special Court for the Exclusive Trial of cases under SC and ST (Prevention of Atrocities) Act, Theni 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.

4. On such surrender by the Petitioner and on filing an application for bail, the learned Sessions Judge, Special Court for the Exclusive Trial of cases under SC and ST (Prevention of Atrocities) Act, Theni District, shall consider the bail application of the Petitioner, after issuing notice to the victim of crime/De-facto Complainant and after hearing the objections of the victim of the crime, shall pass appropriate orders as per law.

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

NCC : Yes/No 08.03.2024 Internet:Yes/No Index:Yes/No jbr 3/5

To 1.The Special Court for PCR Cases, Theni.

2.The Deputy Superintendent of Police Thiruppathur Sub Division, Thiruppathur, Sivagangai District.

3.The Inspector of Police S.V.Mangalam Police Station, S.V.Mangalam, Sivagangai District.

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

4/5

SATHI KUMAR SUKUMARA KURUP , J.

Jbr CRL.O.P (MD) No.998 of 2024 08.03.2024 5/5