Madras High CourtCRL OP(MD)/1764/2024disposed of

K.Sriram v. The Deputy Superintendent Of Police

2024-02-06Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.1764 of 2024 1.K.Sriram 2.P.Kasinathan 3.K.Padma 4.K.Laksmanan

...Petitioners

vs 1.The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Bodinayakanur, Theni District.

2.The Inspector of Police, Bodinayakanur Rural Police Station, Theni District.

Crime No.26 of 2024 3.C.Athinagaraj

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the Learned Special Court for trial of cases under SC/ST (POA) Act, Theni District to consider the Petitioners' bail application and 1/5

dispose the same on the same day if the Petitioners surrender before the Learned Special Court for trial of Cases under SC/ST (POA) Act, Theni District in Crime No.26 of 2024 on the file of the Respondent Police. For Petitioners : Mr.M.Sethupathy 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 trial of cases under SC/ST (POA) Act, Theni District, to consider the Petitioners' bail application on the same day of surrender in Crime No.26 of 2024 on the file of the 2nd Respondent.

2.The learned Government Advocate (Crl.side), on instructions, would submit that the Petitioners are alleged to have attacked the third Respondent/defacto Complainant with hands, when he was viewing his mobile phone. The third Respondent and his father suffered simple injury. They were treated as out-patient.

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3.By way of rejoinder, the learned Counsel for the Petitioners submits that it is a case and counter case. The defacto Complainant is alleged to have under the influence of Alcohol abused the Petitioners, for which they questioned the defacto Complainant, in which there was a clash between two groups. Each group had preferred complaints against each other. The FIR is registered against the third Respondent in Crime No.25 of 2024. 4.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 trial of cases under SC/ST (POA) Act, Theni 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.

victim of crime/complainant and hearing the objections of the victim of the crime.

Internet:Yes./No 06.02.2024 Index:Yes/No mm To 1.The Judge, Special Court for trial of cases under SC/ST (POA) Act, Theni District.

2.The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Bodinayakanur, Theni District.

3.The Inspector of Police, Bodinayakanur Rural Police Station, Theni 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.1764 of 2024 06.02.2024 5/5