Madras High CourtCRL OP(MD)/2813/2024disposed of

Soundararajan v. The Deputy Superintendent Of Police

2024-02-22Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.2813 of 2024

1. Soundararajan

2. Prakash ... Petitioners vs

1. The Deputy Superintendent of Police Papanasam, Thanjavur District.

2. State represented through The Inspector of Police Ayyampettai Police Station, Thanjavur District.

(In Crime No.110 of 2024) 3.Pandiyan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned I Additional District and Sessions Judge, Special Court for the Exclusive Trial under SC and ST Prevention of Atrocities Act Cases (PCR Court), Thanjavur District to accept the surrender of the Petitioner and consider their bail application on the same 1/5

day on merits in relating to Crime No.110 of 2024 on the file of the second Respondent.

For Petitioners : Mr.S.Sathya Chidambaram 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 s had filed this Criminal Original Petition seeking direction against the learned I Additional District and Sessions Judge, Special Court for Exclusive Trial of Cases under SC and ST (Prevention of Atrocities) Act, Thanjavur, to accept the surrender of the Petitioners and consider their bail application in Crime No.110 of 2024, pending before the second Respondent.

2. The learned Government Advocate (Criminal Side) appearing for the Respondents 1 and 2 would submit that the Petitioners are alleged to have attacked the third Respondent/de-facto complainant and abused him in a filthy language including his caste name. The first Petitioner's son and the 2/5

second Petitioner had attacked the third Respondent on his abdomen for which the third Respondent/de-facto complainant suffered injuries and he was admitted in the hospital as an inpatient for three days. Hence, the case was registered in Crime No.110 of 2024, based on the complaint of the third Respondent with the second Respondent. The first Petitioner has no previous case pending against him.

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 I Additional District and Sessions Judge, Special Court for the Exclusive Trial of cases under SC and ST (Prevention of Atrocities) Act, Thanjavur, 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 learnedI Additional District and Sessions Judge , Special Court for the Exclusive Trial of cases under SC and ST (Prevention of Atrocities) Act, Thanjavur, shall consider the bail application of the Petitioners, after 3/5

issuing notice to the victim of crime/De-facto 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.

22.02.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No jbr To

1. The Special Court for PCR Cases, Thanjavur District.

2. The Deputy Superintendent of Police Papanasam, Thanjavur District.

3.The Inspector of Police Ayyampettai Police Station, Thanjavur District, Sivagangai.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai 4/5

SATHI KUMAR SUKUMARA KURUP , J.

jbr CRL.O.P (MD) No.2813 of 2024 22.02.2024 5/5