Madras High CourtCRL OP(MD)/1154/2024disposed of

Gopal v. The Deputy Superintendent Of Police

2024-01-29Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

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.1154 of 2024 1.Gopal 2.Thiruppathi

...Petitioners

vs 1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kulithalai, Karur District.

2.The Inspector of Police, Kulithalai Police Station, Karur District, Crime No.643 of 2023 3.Kanaga

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the learned Principal District and Sessions Judge (Special Court for PCR cases), Karur to consider the bail application of the petitioners on the same day of their surrender itself in Crime No.643 of 2023 on the file of the 2nd respondent Police. 1/5

For Petitioners : Mr.D.S.Haroon Rasheed 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 learned Principal District and Sessions Judge (Special Court for PCR cases), Karur, to consider the Petitioners' bail applications on the same day of surrender in Crime No.643 of 2023 on the file of the 2nd Respondent.

2.The learned Government Advocate (Crl.Side) would submit that the defacto complainant's son was playing in front of the defacto complainant's house, for which there was altercation between the Petitioners and the defacto complainant. The Petitioners are alleged to have abused the son of the defacto complainant. There were complaint and counter complaint. He would further submit that there were 4 persons injured and they were discharged from the hospital after treatment. 3.Considering the submissions made by the learned Government Advocate (Crl.side), this Criminal Original Petition is disposed of with the 2/5

following conditions:- i) The Petitioners are directed to surrender before the learned Principal District and Sessions Judge (Special Court for PCR cases), Karur, 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 Principal District and Sessions Judge (Special Court for PCR cases), Karur, 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 Principal District and Sessions Judge, (Special Court for PCR cases), Karur.

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2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kulithalai, Karur District.

3.The Inspector of Police, Kulithalai Police Station, Karur 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.1154 of 2024 29.01.2024 5/5