Madras High CourtCRL OP(MD)/1716/2024disposed of

Muniyaraj @ Muniraj v. The Deputy Superintendent Of Police

2024-02-08Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.1716 of 2024

1. Muniyaraj @ Muniraj 2.Gurusamy

3. Muniyasamy @ Munees

...Petitioners

Vs.

1.The Deputy Superintendent of Police, Virudhunagr Sub Division, Virudhunagar, Virudhunagar District.

2.The Inspector of Police Virudhunagar East Police Staiton, Virudhunagar District.

Crime No.21 of 2024. ...Respondents 1 & 2 / Complainants

3. Prakashraj ... 3rd Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the Special Court for Trial of Cases under SC/ST (POA) Act, Srivilliputhur, Virudhunagar District, to accept the surrender of the Petitioners and consider their bail application on the same day on merits in relating to Cr.No.21 of 2024 dated 22.01.2024. 1/4

For Petitioners : Mr.A.Ananda Raj For R1 and R2 : Mr.M.Veeeranthiran 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 Special Court for Trial of Cases under SC/ST (POA) Act, Srivilliputhur, Virudhunagar District, to consider the Petitioners' bail application on the same day of surrender in Crime No.21 of 2024 on the file of the 2nd Respondent.

2. The learned Government Advocate (Crl.side), on instructions, would submit that the Petitioners herein are alleged to have attacked the defacto complainant with their hands, to withdraw the case filed against the Petitioners. There was no injury to the defacto complainant and the Petitioners have no previous cases.

3.Considering the submissions made by the learned Government Advocate (Crl.side), this Criminal Original Petition is disposed of with the following conditions:- 2/4

i) The Petitioners are directed to surrender before the Special Court for Trial of Cases under SC/ST (POA) Act, Srivilliputhur, Virudhunagar District, 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 Special Court for Trial of Cases under SC/ST (POA) Act, Srivilliputhur, Virudhunagar District, shall consider the bail application 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 / defacto complainant and hearing the objections of the victim of the crime. Internet:Yes./No 08.02.2024 Index:Yes/No LS 3/4

SATHI KUMAR SUKUMARA KURUP , J.

LS To 1.The Special Court for Trial of Cases under SC/ST (POA) Act, Srivilliputhur, Virudhunagar District 2.The Deputy Superintendent of Police, Virudhunagr Sub Division, Virudhunagar, Virudhunagar District.

3.The Inspector of Police Virudhunagar East Police Staiton, Virudhunagar District.

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

CRL.O.P (MD) No.1716 of 2024 08.02.2024 4/4