Sandanamari v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2024
CORAM
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.2920 of 2024 1.Sandanamari 2.Ramya
...Petitioners
vs 1.The Deputy Superintendent of Police, Virudhunagar, Virudhunagar District.
2.The Inspector of Police, Virudhunagar Bazar Police Station, Virudhunagar District.
Crime No.19 of 2024 3.Arun Kumar 4.Muthu
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the Special Court for the exclusive trial of SC and ST (PoA) Act Cases, Srivilliputhur, Virudhunagar District to consider the Petitioners' bail application on the day of surrender in Crime No.19 of 2024 on the file of the 2nd Respondent for offences under Section 147, 148, 1/5
294(b), 323 and 324 IPC and under Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989.
For Petitioners : Mr.S.Ramasamy For R1 & R2 : Mr.M.Veeranthiran Government Advocate (Crl.side)
O R D E R
The learned Counsel for the Petitioners submits that the Petitioners had filed this Criminal Original Petition seeking direction against the learned Sessions Judge, Special Court for exclusive trial of SC and ST (PoA) Act Cases, Srivilliputhur, Virudhunagar District, to consider the Petitioners' bail application on the same day of surrender in Crime No.19 of 2024 on the file of the 2nd Respondent.
2.The learned Government Advocate (Crl.side), on instruction of the Respondents 1 and 2, would submit that the Petitioners herein are alleged to have attacked the defacto Complainant/third Respondent and his friend with an iron rod. The defacto Complainant and his friend sustained injury on the head, below the eye and forehead. He would further submit that the Petitioner is having no previous case and the injured had been discharged from the hospital, after treatment.
2/5
3.Considering the submissions made by the learned Counsel for the Petitioners and the learned Government Advocate (Crl.side), this Criminal Original Petition is disposed of with the following conditions:- i) The Petitioners are directed to surrender before the learned Sessions Judge, Special Court for exclusive trial of SC and ST (PoA) Act Cases, Srivilliputhur, Virudhunagar District, 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. ii) On such surrender by the Petitioners, the learned Sessions Judge, Special Court for exclusive trial of SC and ST (PoA) Act Cases, Srivilliputhur, Virudhunagar District, shall consider the bail application of the Petitioners after issuing notice to the victim of crime/Complainant and hearing the objections of the victim of the crime and shall dispose of the bail application as per law.
Internet:Yes./No 26.02.2024 Index:Yes/No mm 3/5
To 1.The Sessions Judge, Special Court for the exclusive trial of SC and ST (PoA) Act Cases, Srivilliputhur, Virudhunagar District.
2.The Deputy Superintendent of Police, Virudhunagar, Virudhunagar District.
3.The Inspector of Police, Virudhunagar Bazar Police Station, Virudhunagar District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5
SATHI KUMAR SUKUMARA KURUP , J.
mm CRL.O.P (MD) No.2920 of 2024 26.02.2024 5/5