Madras High CourtCRL OP(MD)/1973/2024disposed of

S.Kabilraj v. The Deputy Superintendent Of Police

2024-02-09Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.1973 of 2024 S.Kabilraj ... Petitioner Vs.

1.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

2.The Inspector of Police Thiruppuvanam Police Station, Sivagangai District.

(Crime No.6 of 2024) ... Respondents 1 & 2 / Complainants

3. P.Ganthi ... 3rd Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the learned Additional District Judge, (PCR) Court, Sivagangai, to consider the bail application of the Petitioner's on the same day of his surrender before that court in connection with Crime No.6 of 2024 on the file of the 2nd Respondent.

For Petitioner : Mr.N.Ananda Kumar For R1 and R2 : Mr.M.Veeeranthiran Government Advocate (Crl.side) 1/4

O R D E R

The learned Counsel for the Petitioner submits that this Criminal Original Petition has been filed to direct the learned Additional District Judge, (PCR) Court, Sivagangai, to consider the Petitioner's bail application on the same day of surrender in Crime No.6 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 used to running Tricycle to carry goods. The Petitioner herein had thrown crackers and damaged the Tricycle of the defacto complainant and also attacked brutally with his hands. The defacto complainant suffered injuries and treated in hospital and discharged. The Petitioner has no previous case.

3. Considering the submissions made by the learned Government Advocate (Crl.side), this Criminal Original Petition is disposed of with the following conditions:- 2/4

i) The Petitioner is directed to surrender before the learned Additional District Judge, (PCR) Court, Sivagangai, 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 Petitioner, the learned Additional District Judge, (PCR) Court, Sivagangai, shall consider the bail application of the Petitioner 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 09.02.2024 Index:Yes/No LS To 1.The Additional District Judge, (PCR) Court, Sivagangai.

2.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3.The Inspector of Police Thiruppuvanam Police Station, Sivagangai District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

LS CRL.O.P (MD) No.1973 of 2024 09.02.2024 4/4