Madras High CourtCRL OP(MD)/1773/2024disposed of

Palaniyammal @ Palaniammal 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.1773 of 2024 1.Palaniyammal @ Palaniammal 2.Thangalakshmi 3.Veera Uma Mahesh

...Petitioners

vs 1.The Deputy Superintendent of Police, Dindigul Sub Division, Dindigul District.

2.The Inspector of Police, Shanarpatti Police Station, Dindigul District.

Crime No.22 of 2023 3.Aasaithambi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the Special Court for POCSO Act cases, Dindigul to consider the petitioners bail in the event of arrest on the same day in FIR in Crime No.22/2023 on the file of the 2nd Respondent police for the alleged offences under section 294(b), 324, 506(i) IPC and Section 3(1)(r), 3(1)(s) 1/5

and 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015. For Petitioners : Mr.A.Arul Jennifer 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 POCSO Act cases, Dindigul, to consider the Petitioners' bail application on the same day of surrender in Crime No.22 of 2023 on the file of the 2nd Respondent. 2.The learned Government Advocate (Crl.side), on instructions of the Respondents 1 and 2, would submit that there was money dispute between the defacto Complainant and the husband of the first Petitioner. When the defacto complainant went to seek repayment of the loan, the wife, daughter and the son of Arunachalam, the husband of the first Petitioner, are alleged to have abused him and attacked him with wooden log. The defacto Complainant/third Respondent suffered injuries. He was not hospitalized. 2/5

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 POCSO Act cases, Dindigul, 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 POCSO Act cases, Dindigul, 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/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 POCSO Act cases, Dindigul.

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2.The Deputy Superintendent of Police, Dindigul Sub Division, Dindigul District.

3.The Inspector of Police, Shanarpatti Police Station, Dindigul 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.1773 of 2024 06.02.2024 5/5