Madras High CourtCRL OP(MD)/2304/2024allowed

Mujibar Rahman v. The Assistant Commissioner Of Police

2024-02-14Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2024

CORAM:

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP Mujibur Rahman ... Petitioner/Accused No.1 Vs.

1.The Assistant Commissioner of Police, Tallakulam Range, Madurai City.

2.The Inspector of Police, Thiruppalai Police Station, Madurai City.

(Crime No.117 of 2024) ...1st and 2nd Respondents/Complainants 3.Gowtham ...3rd Respondent/De-facto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned IIIrdAdditional District and Sessions Judge (PCR Court), Madurai to accept the surrender of the Petitioner and consider his bail application on the same day on merits in relating to Crime No.117 of 2024 dated 30.01.2024 on the file of the Respondent Police. For Petitioner : Mr.AK.Azagarsami For R-1 and R-2 : Mr.M.Veeranthiran Government Advocate (Criminal Side) 1/5

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner is arrayed as Accused No.1 in Crime No.117 of 2024 on the file of the second Respondent. The Petitioner had filed this Criminal Original Petition seeking direction against the learned IIIrd Additional District and Sessions Judge, PCR Cases, Madurai, to accept the surrender of the Petitioner and consider his bail application in Crime No.117 of 2024 dated 30.01.2024, pending before the second Respondent.

2. The learned Government Advocate (Criminal Side) appearing for the Respondents 1 and 2 would submit that the Petitioner is the father of the child, who is studying 6th standard and the De-facto Complainant is the class teacher of the student. It is stated there were clashes between the students, for which the De-facto Complainant is alleged to have warned the child of the Petitioner. Based on the said incident, the Petitioner went to School and threatened the said Teacher / De-facto Complainant. Therefore, the third Respondent / De-facto Complainant preferred a complaint against the Petitioner with the second Respondent, based on which FIR in Crime No.117of 2024 dated 30.01.2024 was registered.

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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 IIIrd Additional District and Sessions Judge, PCR Cases, Madurai, 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 IIIrd Additional District and Sessions Judge, PCR Cases, Madurai, 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.

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To 1.The IIIrdAdditional District and Sessions Judge (PCR Court), Madurai.

2.The Assistant Commissioner of Police, Tallakulam Range, Madurai City.

3.The Inspector of Police, Thiruppalai Police Station, Madurai City.

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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