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Madras High CourtCRL OP(MD)/3295/2024disposed of

Karthick v. The Deputy Superintendent Of Police

2024-03-01Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

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.3295 of 2024 1.Karthick 2.Manibharathi 3.Dhilipkumar @ Deelip

...Petitioners

vs 1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Vallam Sub Division, Thanjavur District.

2.The Inspector of Police, Vallam Police Station, Thanjavur District.

Crime No.70 of 2024 3.Tamilraja

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to accept the surrender of the Petitioners before the Special Court for SC/ST (Prevention of Atrocities) Act, ie., the 1st Additional District and Sessions Judge at Thanjavur in connection with the Cr.No.70 of 2024 on the 1/5

file of the 2nd Respondent Police and to consider the bail application filed by the Petitioners on the same day.

For Petitioners : Mr.K.M.Karunakaran 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 are arrayed as accused 2 to 4 in Crime No.70 of 2024. They had filed this Criminal Original Petition seeking direction against the learned 1st Additional District and Sessions Judge, Special Court for exclusive trial of SC/ST (Prevention of Atrocities) Act, 1989 at Thanjavur, to consider the Petitioners' bail application on the same day of surrender in Crime No.70 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 attacked by the Petitioners 2 to 4, when the defacto Complainant is alleged to have advised the Petitioners to drive the two wheeler slowly. For that, the Petitioners 2 to 4 are alleged to have abused and attacked the defacto Complainant/third Respondent with wooden log 2/5

causing injuries. The injured is still in the hospital. 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 1st Additional District and Sessions Judge, Special Court for exclusive trial of SC/ST (Prevention of Atrocities) Act, 1989 at 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. ii) On such surrender by the Petitioners, the learned 1st Additional District and Sessions Judge, Special Court for exclusive trial of SC/ST (Prevention of Atrocities) Act, 1989 at Thanjavur, 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 3/5

To 1.The 1st Additional District and Sessions Judge at Thanjavur.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Vallam Sub Division, Thanjavur District.

3.The Inspector of Police, Vallam Police Station, Thanjavur 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.3295 of 2024 01.03.2024 5/5