Kumar @ Kumaravel v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.1089 of 2024 1.Kumar @ Kumaravel 2.Ananth @ Ananthan 3.Selvamani 4.Iyyappan 5.Manimaran

...Petitioners

vs 1.The Deputy Superintendent of Police, Oddanchatram Division, Dindigul District.

2.The Inspector of Police, Oddanchatram Police Station, Dindigul District.

Crime No.41 of 2024 3.Ramakrishnaveni

...Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the Special Court for trial of SC/ST Act Cases, Dindigul to consider their bail application on the same day of their surrender in respect of Crime No.41 of 2024 on the file of the 2nd respondent. For Petitioners : Mr.D.Venkatesh For R1 & R2 : Mr.M.Veeranthiran Government Advocate (Crl.side)

O R D E R

The learned Counsel for the Petitioners submits that this Criminal Original Petition has been filed to direct the Special Court for trial of SC/ST Act Cases, Dindigul, to consider the Petitioners' bail applications on the same day of surrender in Crime No.41 of 2024 on the file of the 2nd Respondent.

2.The learned Government Advocate (Crl.Side) would submit that the Petitioners are alleged to have attacked the defacto complainant by during Pongal festival. He would further submit that the Petitioners have no previous case. The complainant was treated for one day and discharged from the hospital on the same day after treatment. 2/5

3.Considering the submissions made by the learned Government Advocate (Crl.side), this Criminal Original Petition is disposed of with the following conditions:- i) The Petitioners are directed to surrender before the Special Court for trial of SC/ST Act Cases, Dindigul, 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 Special Court for trial of SC/ST Act Cases, Dindigul, 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 to the victim of crime/complainant and hearing the objections of the victim of the crime. Internet:Yes./No 29.01.2024 Index:Yes/No mm To 1.The Judge, Special Court for trial of SC/ST Act Cases, Dindigul.

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2.The Deputy Superintendent of Police, Oddanchatram Division, Dindigul District.

3.The Inspector of Police, Oddanchatram Police Station, Dindigul District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.1089 of 2024 29.01.2024 5/5