Kavitha 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.1134 of 2024 1.Kavitha 2.Aneesh Fathima 3.Bala @ Balarathinam

...Petitioners

vs 1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thanjavur Town Sub Division, Thanjavur District.

2.The Inspector of Police, Medical College Police Station, Thanjavur District, Crime No.17 of 2024 3.Jagathiswari

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to accept the surrender of the petitioners before the Special Court for SC/ST (Prevention of Atrocities) Act, ie., the 1st Additional District and Sessions Judge at Thanjavur in connection with Cr.No.17 of 2024 on the 1/5

file of the 2nd respondent police and to consider the bail application filed by the petitioners on the same day.

For Petitioners : Mr.K.M.Karunakaran 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 SC/ST (Prevention of Atrocities) Act, ie., the 1st Additional District and Sessions Judge at Thanjavur, to consider the Petitioners' bail applications on the same day of surrender in Crime No.17 of 2024 on the file of the 2nd Respondent. 2.The learned Government Advocate (Crl.Side) would submit that the defacto complainant is a lady. She was attacked with an iron rod suffering injuries. She was treated in the Government Hospital for two days and discharged after treatment. He would further submit that the Petitioners have no previous cases.

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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 SC/ST (Prevention of Atrocities) Act, ie., the 1st Additional District and Sessions Judge at Thanjavur, 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 SC/ST (Prevention of Atrocities) Act, ie., the 1st Additional District and Sessions Judge at Thanjavur, 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 3/5

To 1.The 1st Additional District and Sessions Judge, Thanjavur.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thanjavur Town Sub Division, Thanjavur District.

3.The Inspector of Police, Medical College Police Station, Thanjavur 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.1134 of 2024 29.01.2024 5/5