Madras High CourtCRL OP(MD)/1942/2024disposed of

Karumariyappan @ Mariyappan 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.1942 of 2024 1.Karumariyappan @ Mariyappan 2.MAnikandapoobathi @ Manikandan

...Petitioners

Vs.

1.The State rep. by The Deputy Superintendent of Police, Tenkasi, Tenkasi District.

2.The Inspector of Police Kadayanallur Police Station, Tenkasi District.

(In Crime No.21/2024). ...Respondents 1 & 2 / Complainants 3.Ranjithkumar ... 3rd Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the learned II Additional District Sessions Judge (PCR Court), Tirunelveli, to consider and pass order on bail application to be filed by Petitioners in connection with Crime No. 21 of 2024 pending on the file of the second Respondent.

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For Petitioners : Mr.S.Pandiyaraj 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 learned II Additional District Sessions Judge (PCR Court), Tirunelveli, 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 third Respondent / defacto Complainant is alleged to have borrowed money as loan from Bajaj Finance Company. The Petitioners herein, who are the collection agents, were alleged to have attacked the defacto complainant and also abused him. The defacto complainant was admitted in hospital and discharged after two days and the Petitioners have no previous cases.

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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 learned II Additional District Sessions Judge (PCR Court), Tirunelveli, 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 learned II Additional District Sessions Judge (PCR Court), Tirunelveli, 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 II Additional District Sessions Judge (PCR Court), Tirunelveli.

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

3.The Inspector of Police Kadayanallur Police Station, Tenkasi District.

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

CRL.O.P (MD) No.1942 of 2024 08.02.2024 4/4