Madras High CourtCRL OP(MD)/1535/2024disposed of

Dharmaraj v. The Deputy Superintendent Of Police

2024-02-01Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.1535 of 2024 Dharmaraj

...Petitioner

vs 1.The Deputy Superintendent of Police, Thiruvidaimaruthur Taluk, Thanjavur District.

2.The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur.

Crime No.82 of 2024 3.Muthusamy

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the learned 1st Additional Sessions Court (PCR), Thanjavur, to consider the Petitioner's bail petition on merits upon the Petitioner surrender before the said Court and enlarge the Petitioner on bail on the same day according to the law in Crime No.82 of 2024 on the file of the 2nd Respondent Police.

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For Petitioner : Mr.PR Boomeerajan For R1 & R2 : Mr.M.Veerenthiran Government Advocate (Crl.side)

O R D E R

The learned Counsel for the Petitioner submits that this Criminal Original Petition has been filed to direct the 1st Additional Sessions Court (PCR), Thanjavur, to consider the Petitioner's bail application on the same day of surrender in Crime No.82 of 2024 on the file of the 2nd Respondent. 2.The learned Government Advocate (Crl.side) submits that the defacto complainant was prevented from entering into the temple by the Petitioner herein and the Petitioner is alleged to have attacked the defacto complainant. The defacto complainant had undergone treatment as inpatient for 6 days. 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 Petitioner is directed to surrender before the 1st Additional Sessions Court (PCR), 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 Petitioner, the 1st Additional Sessions Court (PCR), Thanjavur, shall consider the bail application of the Petitioner 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 01.02.2024 Index:Yes/No mm To 1.The 1st Additional Sessions Judge (PCR), Thanjavur.

2.The Deputy Superintendent of Police, Thiruvidaimaruthur Taluk, Thanjavur District.

3.The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur. 3/5

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.1535 of 2024 01.02.2024 5/5