Madras High CourtCRL OP(MD)/2649/2024disposed of

Rishi v. The Deputy Superintendent Of Police

2024-02-20Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.2649 of 2024

1. Rishi ... Petitioner vs

1. State represented by The Deputy Superintendent of Police, Thirumangalam, Madurai District.

2.The Inspector of Police Thirumangalam Town Police Station, Thirumangalam Madurai District.

(Crime No.21 of 2024)

3. Pavithra ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned III Additional 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.21 of 2024 on the file of the second Respondent.

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For Petitioner : Mr.S.Pandiyaraj For R1 & R2 : Mr.M.Veeranthiran Government Advocate (Crl. side)

O R D E R

The learned Counsel for the Petitioner submitted that the Petitioner had filed this Criminal Original Petition seeking direction against the learned III Additional District and Sessions Judge (PCR Court) Madurai, to accept the surrender of the Petitioner and consider his bail application in Crime No.21 of 2024, pending before the second Respondent.

2. The learned Government Advocate (Criminal Side) appearing for the Respondent Police would submit that the third Respondent/de-facto complainant is alleged to have contracted marriage with one Naveen, who belongs to a different community. The Petitioner is alleged to have went to the house of the third Respondent and provoked the third Respondent/de2/5

facto complainant's husband to come out and challenged him to have a fight with him. The Petitioner is alleged to have pushed the third Respondent's husband, but he had not suffered any injuries. Hence, the case was registered in Crime No.21 of 2024, based on the complaint of the third Respondent with the second Respondent. There is no previous case 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 III Additional District and Sessions Judge (PCR Court) 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 III Additional District and Sessions Judge (PCR Court) Madurai, 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 3/5

per law.

5. With the above said direction, this Criminal Original Petition is disposed of.

20.02.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No jbr To

1. III Additional District and Sessions Judge (PCR Court) Madurai.

2.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

3.The Inspector of Police Thirumangalam Town Police Station, Thirumangalam Madurai District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

Jbr CRL.O.P (MD) No.2649 of 2024 20.02.2024 5/5