Madras High CourtCRL OP(MD)/1794/2024disposed of

K.M.Chellapandian v. The Deputy Superintendent Of Police

2024-02-07Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2024

CORAM:

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP K.M.Chellapandi ... Petitioner/Accused No.1 Vs.

1.The Deputy Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Bodi Town Police Station, Theni District.

(In Crime No.27/2024)

...Respondents 1 & 2/Complainants

3.Eswaran ...3rd Respondent/De-facto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned District Sessions Judge, (PCR Cases), Theni to consider the surrender and bail application filed by the Petitioner in Crime No.27 of 2024 pending on the file of the Respondent Police. For Petitioner : Mr.M.Jerin Mathew For R-1 and R-2 : Mr.M.Veeranthiran Government Advocate (Criminal Side) 1/5

ORDER

The learned Counsel for the Petitioner submitted that this Criminal Original Petition had been filed seeking direction against the learned District Sessions Judge (PCR) Cases, Theni to consider the bail application of the Petitioner on the day of his surrender in Crime No.27 of 2024 pending on the file of the Respondent Police.

2. The learned Government Advocate (Criminal Side) appearing for the Respondents 1 and 2 would submit that the Petitioner and other accused are alleged to have attacked the De-facto complainant with bare hands causing simple injuries, based on which the case was registered against the Petitioner by the second Respondent. He further submitted that the petitioner is alleged to have abused the De-facto complainant which attracts the provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. Considering the submissions made by the learned Government Advocate (Criminal Side) and the learned Counsel for the Petitioner, this Court directs the Petitioner to surrender before the learned Sessions Judge (PCR) 2/5

Cases, Theni 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.

4. On such surrender by the Petitioner and on filing an application for bail, the learned Sessions Judge (PCR) Cases, Theni, shall consider the bail application of the Petitioner, after issuing notice to the victim of crime / De-facto complainant and after hearing the objections of the victim of the crime, and shall pass appropriate orders as per law.

5. With the above said direction, this Criminal Original Petition is disposed of.

07.02.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To 1.The District Sessions Court (PCR) Cases, Theni.

2.The Deputy Superintendent of Police, Theni District, Theni.

3.The Inspector of Police, Bodi Town 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.

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