Madras High CourtCRL OP(MD)/1454/2024disposed of

Mani Konar @ Mani Yadav v. The Deputy Superintendent Of Police

2024-02-01Honourable Mr Justice Sathi Kumar Sukumara Kurup4 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.1454 of 2024 Mani Konar @ Mani Yadav

...Petitioner

vs 1.The Deputy Superintendent of Police, Sathankulam, Tuticorin District.

2.The Inspector of Police, Sathankulam Police Station, Tuticorin District.

Crime No.15 of 2024 3.Icourt Durai

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the Special Court for (PCR Act Cases), Tuticorin to consider the bail application on their surrender on the same day, if any petition filed by the petitioner in Crime No.15/2024 on the file of the 2nd Respondent.

For Petitioner : Mr.C.Susikumar For R1 & R2 : Mr.M.Veerenthiran Government Advocate (Crl.side) 1/4

O R D E R

The learned Counsel for the Petitioner submits that this Criminal Original Petition has been filed to direct the Special Court for (PCR Act Cases), Tuticorin, to consider the Petitioner's bail application on the same day of surrender in Crime No.15 of 2024 on the file of the 2nd Respondent. 2.The learned Government Advocate (Crl.side) submits that the defacto complainant/the third respondent herein had attempted to put up a fence, which was objected to by the petitioner and the complainant was attacked with Aruval, which resulted in injuries on his arms. He would further submit that the petitioner has one previous case for the offence under Section 307 IPC.

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 Petitioner is directed to surrender before the Special Court for (PCR Act Cases), Tuticorin, within 15 days from the date of receipt of a 2/4

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 Special Court for (PCR Act Cases), Tuticorin, shall consider the bail application of the Petitioner and dispose of the same as per the provisions of SC/ST (Prevention of Atrocities) Amendment Act, 2015, 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 Judge, Special Court for (PCR Act Cases), Tuticorin. 2.The Deputy Superintendent of Police, Sathankulam, Tuticorin District.

3.The Inspector of Police, Sathankulam Police Station, Tuticorin District.

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

3/4

SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.1454 of 2024 01.02.2024 4/4