Sivakumar v. The Assistant Commissioner 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.1174 of 2024 1.Sivakumar 2.Kamalesh

...Petitioners

vs 1.The Assistant Commissioner of Police, Cantonment Range, Trichy City, Trichy District.

2.The Inspector of Police, Fort Police Station, Trichy City.

Crime No.3241 of 2023 3.Paramasivam

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the I Additional District and Sessions Judge (PCR Cases), Tiruchirappalli to consider the bail application of the petitioner on the same day of his surrender in Crime No.3241 of 2023 on the file of the 2nd respondent.

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For Petitioners : Mr.V.Vishnu 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 I Additional District and Sessions Judge (PCR Cases), Tiruchirappalli, to consider the Petitioners' bail applications on the same day of surrender in Crime No.3241 of 2023 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, when he was selling Idiyappam on road side. The defacto complainant was injured in the head and chin, was admitted in the hospital for observation and discharged on the same day after treatment.

3.Considering the submissions made by the learned Government Advocate (Crl.side), this Criminal Original Petition is disposed of with the following conditions:- 2/5

i) The Petitioners are directed to surrender before the learned I Additional District and Sessions Judge (PCR Cases), Tiruchirappalli, 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 I Additional District and Sessions Judge (PCR Cases), Tiruchirappalli, shall consider the bail applications of the Petitioners and dispose of the same as per law 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 Assistant Commissioner of Police, Cantonment Range, Trichy City, Trichy District.

2.The Inspector of Police, Fort Police Station, 3/5

Trichy City.

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

4.The I Additional District and Sessions Judge (PCR Cases), Tiruchirappalli.

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SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.1174 of 2024 29.01.2024 5/5