Madras High CourtCRL OP(MD)/3452/2024disposed of

A.Yugamoorthi v. The Deputy Superintendent Of Police

2024-03-05Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.3452 of 2024 A.Yogamoorthi

...Petitioner

vs 1.The Deputy Superintendent of Police, Srivilliputhur Sub-Division, Virudhunagar District.

2.State represented by the Inspector of Police, Narikudi, Thiruchuli Taluk, Virudhunagar District.

(Cr.No.32 of 2024) 3.Rasu.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the Special Court (PCR) Srivilliputhur, Virudhunagar District to consider the bail application of the Petitioner on the same day on his surrender in connection with Cr.No.32 of 2024 on the file of the second Respondent Police.

For Petitioner : Mr.S.Louis For R1 and R2 : Mr.M.Veeranthiran Government Advocate (crl.side) 1/5

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O R D E R

The learned Counsel for the Petitioner submitted that the Petitioner had filed this Petition seeking a direction against the learned Sessions Judge, Special Court for Exclusive Trial of cases under SC/ST (PoA) Act, Srivilliputhur, Virudhunagar District, to accept the surrender of the Petitioner and consider the bail application filed on the date of surrender by the Petitioner in Cr.No.32 of 2024 on the file of the Inspector of Police, Narikudi Police, Tiruchuli Taluk, Virudhunagar District. 2.The learned Government Advocate (crl.side), on instructions from the Respondent Police, submitted that the Petitioner herein is alleged to have prevent the water to the field of the third Respondent. When the third Respondent/de-facto Complainant questioned the Petitioner, the Petitioner is alleged to have strangulated the third Respondent/de-facto Complainant forcing him to file a complaint against the Petitioner. He further submitted that there was no injury and no previous case pending against the Petitioner. 3.Considering the submissions made by the learned Government 2/5

Advocate (Criminal Side) and the learned Counsel for the Petitioner, this Court directs the Petitioner to surrender before the learned Sessions Judge, Special Court for Exclusive Trial of cases under SC/ST (PoA) Act, 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 on the official web-site of this Court. 4.On such surrender by the Petitioner and on filing an application for bail, the learned Sessions Judge, Special Court for Exclusive Trial of cases under SC/ST (PoA) Act, Srivilliputhur, Virudhunagar District, shall consider the bail application of the Petitioner, after issuing notice to the victim of crime /de-facto Complainant. After hearing the objections of the victim of the crime, shall pass appropriate orders as per law. With the aforesaid direction, this Criminal Original Petition is disposed of.

Internet :Yes/No 05.03.2024 Index :Yes/No NCC :Yes/No 3/5

cmr To 1.The Deputy Superintendent of Police, Srivilliputhur Sub-Division, Virudhunagar District.

2.The Inspector of Police, Narikudi, Thiruchuli Taluk, Virudhunagar District.

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SATHI KUMAR SUKUMARA KURUP , J.

cmr CRL.O.P(MD)No.3452 of 2024 05.03.2024 5/5