Kannu @ Kannusamy v. The Deputy Superintendent Of Police

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.3486 of 2024 1.Kannu @ Kannusamy 2.Nagarajan @ Andiyappan 3.Ashok @ Alagarsamy

...Petitioners

vs 1.The Deputy Superintendent of Police, Ponnamaravathi Division, Pudukottai District.

2.The Inspector of Police, Ponnamaravathi Police Station, Pudukottai District.

(in Cr.No.28 of 2024) 3.Chithambaram

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the Special Court for Exclusive Trial of SC/ST (PoA) Act cases, Pudukottai to consider the bail application to be filed by the Petitioners on the same day of their surrender in connection with Cr.No.28 of 2024 on the file of the second Respondent. 1/5

For Petitioners : Mr.A.Arun Prasad For R1 and R2 : Mr.M.Veeranthiran Government Advocate (crl.side) ****

O R D E R

The learned Counsel for the Petitioners submitted that the Petitioners are arrayed as A1 to A3 in Cr.No.28 of 2024 pending on the file of the Inspector of Police, Ponnamaravathy Police Station, Pudukottai District. The Petitioners have filed this Petition seeking a direction against the learned Sessions Judge, Special Court for Exclusive Trial for of cases under SC/ST (PoA) Act, Pudukottai, to accept the surrender of the Petitioners in Cr.No.28 of 2024 on the file of the Inspector of Police, Ponnamaravathy Police Station, Pudukottai District and to consider the bail application filed on the date of surrender of the Petitioners.

2.The learned Government Advocate (crl.side), on instructions from the Respondent Police, submitted that the Petitioners are alleged to have thrown the wastage of food in front of the house of the third Respondent/defacto Complainant, which was available in the footage of the third 2/5

Respondent. The third Respondent had questioned the conduct of the Petitioners herein for throwing wastage of the food in front of the house of the third Respondent, for which the Petitioners are alleged to have attacked the de-facto Complainant with bare hands. The third Respondent/de-facto complainant had sustained injury and was admitted in hospital and he is still in hospital.

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 Sessions Judge, Special Court for Exclusive Trial for of cases under SC/ST (PoA) Act, Pudukottai, 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 Petitioners and on filing an application for bail, the learned Sessions Judge, Special Court for Exclusive Trial for of cases under SC/ST (PoA) Act, Pudukottai, shall consider the bail application of the Petitioners, after issuing notice to the victim of crime /de3/5

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 cmr To 1.The Deputy Superintendent of Police, Ponnamaravathi Division, Pudukottai District.

2.The Inspector of Police, Ponnamaravathi Police Station, Pudukottai District.

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SATHI KUMAR SUKUMARA KURUP , J.

cmr CRL.O.P(MD)No.3486 of 2024 05.03.2024 5/5