Madras High CourtCRL OP(MD)/2510/2024disposed of

Duraikarthikeyan v. The Deputy Superintendent Of Police

2024-02-19Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2024

CORAM:

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP Duraikarthikeyan ... Petitioner/Sole Accused Vs.

1.The Deputy Superintendent of Police, Pudukkottai Sub-Division, Pudukkottai, Pudukkottai District.

2.The Inspector of Police, Pudukkottai Town Police Station, Pudukkottai Town, Pudukkottai District.

[Crime No.33 of 2024]

...Respondents 1 & 2/Complainants

3.Suganthi ...3rd Respondent/De-facto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukottai, to accept the surrender of the Petitioner / Sole Accused and consider his bail application and grant bail on the date of surrender itself in Crime No.33 of 2024 dated 12.02.2024 on the file of the second Respondent. For Petitioner : Mr.K.C.Maniyarasu 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 the sole accused in Crime No.33 of 2024 dated 12.02.2024 and he had filed this Criminal Original Petition seeking direction against the learned Sessions Judge, Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukottai, to consider bail application of the Petitioner on the day of his surrender in Crime No.33 of 2024.

2. The learned Government Advocate (Criminal Side) appearing for the Respondents 1 and 2 would submit that the Petitioner and the De-facto Complainant are employed in the Tamil Nadu State Transport Corporation, Madurai Branch, Pudukkottai. The Petitioner herein is alleged to have abused the de-facto Complainant using caste slur, which forced her to prefer a complaint against the Petitioner. No previous case has been registered against the Petitioner.

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 Sessions Judge, Special Court for Exclusive Trial of Cases under Scheduled Castes and Scheduled 2/5

Tribes (Prevention of Atrocities) Act, 1989, Pudukottai, 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 Sessions Judge, Special Court for Exclusive Trial of Cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukottai, shall consider the bail application of the Petitioner, after issuing notice to the victim of crime / de-facto complainant, 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.

19.02.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To 1.The Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Pudukottai.

2.The Deputy Superintendent of Police, Pudukkottai Sub-Division, Pudukkottai, Pudukkottai District.

3.The Inspector of Police, Pudukkottai Town Police Station, Pudukkottai Town, Pudukkottai District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

Nsr 19.02.2024 5/5