Madras High CourtCRL OP(MD)/1898/2024disposed of

K.Muthupandi 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.1898 of 2024 1.K.Muthupandi 2.Kaliraj

...Petitioners /Accused Nos.2&3

Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Puliyankudi Sub Division, Tenkasi District.

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

(Crime No.51/2024)

...Respondents 1 & 2 / Complainants

3.Makesh ... 3rd Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to accept the surrender of the Petitioners/Accused Nos.2 and 3 before the Special Court for SC/ST (Prevention of Atrocities) Act / II Additional District and Sessions Judge (PCR), Tirunelveli, in connection 1/4

with the Crime No.51 of 2024 on the file of the second Respondent and to consider the bail application filed by the Petitioners herein on the same day. For Petitioners : Mr.P.Palani For R1 and R2 : Mr.M.Veeeranthiran 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 SC/ST (Prevention of Atrocities) Act / II Additional District and Sessions Judge (PCR), Tirunelveli, to consider the Petitioners' bail application on the same day of surrender in Crime No.51 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 while riding a two wheeler near Al-maria Parotta Stall, the Petitioners are alleged to have abused the defacto complainant and also attacked him. The defacto complainant suffered injuries and was treated in the hospital for 5 days as in-patient. The first Petitioner is having two previous cases under I.P.C offences and there is no previous case against the second Petiitioner. 2/4

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 SC/ST (Prevention of Atrocities) Act / II Additional District and Sessions Judge (PCR), 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 Special Court for SC/ST (Prevention of Atrocities) Act / II Additional District and Sessions Judge (PCR), 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 Special Court for SC/ST (Prevention of Atrocities) Act / II Additional District and Sessions Judge (PCR), Tirunelveli.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Puliyankudi Sub Division, 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.1898 of 2024 08.02.2024 4/4