Narasiman v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.3278 of 2024 1.Narasiman 2.Muthukrishnan 3.Anush 4.Raja 5.Ayyadurai

...Petitioners

vs 1.The Deputy Superintendent of Police, Tirunelveli Town, Tirunelveli District.

2.The Sub Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

Crime No.90 of 2024 3.Dharma @ Athiyappan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the learned II Additional Sessions Court, (PCR Court), 1/5

Tirunelveli to accept the surrender of the Petitioners in connection with Crime No.90 of 2024 pending investigation on the file of the 2nd Respondent Police and to consider the bail application on the same day of surrender. For Petitioners : Mr.K.Suyambulinga Bharathi 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 II Additional Sessions Judge, (PCR Court), Tirunelveli, to consider the Petitioners' bail application on the same day of surrender in Crime No. 90 of 2024 on the file of the 2nd Respondent. 2.The learned Government Advocate (Crl.side), on instructions of the Respondents 1 and 2, submits that the third Respondent/defacto Complainant was driving an Auto carrying school children. While so, the Petitioners 1 to 4 herein had jointly prevented the Auto, abused the defacto Complainant and gave life threat to him. He would further submit that the Petitioners are having no previous case.

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 II Additional Sessions Judge, (PCR Court), Tirunelveli, 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 II Additional Sessions Judge, (PCR Court), Tirunelveli, 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 01.03.2024 Index:Yes/No mm To 1.The II Additional Sessions Judge, (PCR Court), Tirunelveli.

3/5

2.The Deputy Superintendent of Police, Tirunelveli Town, Tirunelveli District.

3.The Sub Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli 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.3278 of 2024 01.03.2024 5/5