Madras High CourtCRL OP(MD)/2045/2024disposed of

Raja 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.2045 of 2024 Raja ... Petitioner Vs.

1.The Deputy Superintendent of Police, Melur, Madurai District.

2.The Inspector of Police Keelavalavu Police Station, Madurai District.

(Crime No.23/2024).

... Respondents 1 & 2 / Complainants

3. Nageshwari ... 3rd Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the learned III Additional District Judge, Madurai, (PCR Court Special Court for Exclusively Trial of Cases under SC/ST (POA)) Act to consider the bail petition of the petitioner on the same day on his surrender in connection with Crime No.23 of 2024. For Petitioner : Mr.M.Baskaran 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 III Additional District Judge, Madurai, (PCR Court Special Court for Exclusively Trial of Cases under SC/ST (POA)) Act, to consider the Petitioner's bail application on the same day of surrender in Crime No.23 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 this case is running a Tailoring shop. The Petitioner herein is alleged to have laid in front of the Tailoring shop after consuming Alcohol infront of the Tailoring Shop. For the objection raised by the defacto complainant, the Petitioner is alleged to have attacked her with cement slab. The defacto complainant suffered injuries and she was treated as out patient. The Petitioner has no previous case.

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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 Petitioner is directed to surrender before the learned III Additional District Judge, Madurai, (PCR Court Special Court for Exclusively Trial of Cases under SC/ST (POA)) Act, 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 III Additional District Judge, Madurai, (PCR Court Special Court for Exclusively Trial of Cases under SC/ST (POA)) Act, 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 3/4

SATHI KUMAR SUKUMARA KURUP , J.

LS To 1.The III Additional District Judge, (PCR Court Special Court for Exclusively Trial of Cases under SC/ST (POA)) Act, Madurai, 2.The Deputy Superintendent of Police, Melur, Madurai District.

3.The Inspector of Police Keelavalavu Police Station, Madurai District.

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

CRL.O.P (MD) No.2045 of 2024 09.02.2024 4/4