Madras High CourtCRL OP(MD)/2712/2024disposed of

Vignesh v. The Deputy Superintendent Of Police

2024-02-21Honourable Mr Justice Sathi Kumar Sukumara Kurup6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.2712 of 2024

1. Vignesh

2. Siva @ Sivasubramani

3. Ponmarimuthu ... Petitioners vs

1. The Deputy Superintendent of Police, Rajapalayam, 2.The Inspector of Police, Seathoor Police Station, (Crime No.30 of 2024)

3. Ponmarimuthu ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Additional District and Sessions Judge cum Special Court for Exclusive Trial for Cases under SC & ST (Prevention of Atrocities) Act, Virudhunagar District, Srivilliputhur, to accept the 1/6

surrender of the Petitioner and consider their bail application on the same day on merits in relating to Crime No.30 of 2024 on the file of the second Respondent.

For Petitioner : Mr.B.Babu Jaganath For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl. side)

O R D E R

The learned Counsel for the Petitioner submitted that the Petitioners had filed this Criminal Original Petition seeking direction against the learned Additional District and Sessions Judge cum Special Court for Exclusive Trial for Cases under SC & ST (Prevention of Atrocities) Act, Virudhunagar District, Srivilliputhur, to accept the surrender of the Petitioners and consider their bail application in Crime No.30 of 2024, pending before the second Respondent.

2. The learned Government Advocate (Criminal Side) appearing for 2/6

the Respondent Police submitted that the Petitioners are alleged to have attacked the third Respondent/de-facto complainant which caused injuries in his body. The third respondent was admitted in the hospital and taking treatment for the injury. Hence, the case was registered in Crime No.30 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 Petitioners, this Court directs the Petitioners to surrender before the learned Additional District and Sessions Judge cum Special Court for Exclusive Trial for Cases under SC & ST (Prevention of Atrocities) Act, Virudhunagar District, Srivilliputhur, 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 Petitioners and on filing an application for bail, the learned Additional District and Sessions Judge cum Special Court for Exclusive Trial for Cases under SC & ST (Prevention of 3/6

Atrocities) Act, Virudhunagar District, Srivilliputhur, shall consider the bail application of the Petitioners, after issuing notice to the victim of crime/Defacto Complainant and after hearing the objections of the victim of the crime, shall pass appropriate orders as per law.

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

21.02.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No jbr To

1. The Additional District and Sessions Judge,

2. The Deputy Superintendent of Police, Rajapalayam, 4/6

3.The Inspector of Police, Seathoor Police Station,

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.2712 of 2024 21.02.2024 6/6