Madras High CourtCRL OP(MD)/1784/2024disposed of

A.Yogeshwaran 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.1784 of 2024 A.Yogeshwaran

...Petitioner

vs 1.The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

2.The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.

Crime No.11 of 2024 3.Arulpandi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the Special Court SC/ST (POA) Sessions Court, Virudhunagar District at Srivilliputhur to accept the surrender of the Petitioner and consider the bail application to be filed by the Petitioner on the same day in Crime No.11 of 2024 on the file of the 2nd Respondent Police.

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For Petitioner : Mr.P.Athimoolapandian For R1 & R2 : Mr.M.Veeranthiran 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 SC/ST (POA) Sessions Court, Virudhunagar District at Srivilliputhur, to consider the Petitioner's bail application on the same day of surrender in Crime No.11 of 2024 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 the Petitioners are alleged to have attacked the defacto Complainant with Chappal and iron rod. He was hospitalized for 5 days. The injured has been discharged from the hospital. He would further submit that it is a case and counter case. 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 learned Sessions Judge, Special Court for exclusive trial of Cases under SC/ST (PoA) Act, Virudhunagar District at Srivilliputhur, 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 on the official web-site of this Court. ii) On such surrender by the Petitioner, the learned Sessions Judge, Special Court for exclusive trial of Cases under SC/ST (PoA) Act, Virudhunagar District at Srivilliputhur, shall consider the bail application of the Petitioner and dispose of the same as per law, 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 SC/ST (POA) Sessions Court, Virudhunagar District at Srivilliputhur.

2.The Deputy Superintendent of Police, Rajapalayam, Virudhunagar District.

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3.The Inspector of Police, Rajapalayam South Police Station, Virudhunagar 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.1784 of 2024 06.02.2024 5/5