Madras High CourtCRL OP(MD)/3617/2024disposed of

R.Karuppasamy v. The Deputy Superintendent Of Police

2024-03-07Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.3617 of 2024 R.Karuppasamy, ... Petitioner Vs

1. The Deputy Superintendent Of Police, Srivaikundam Sub Division, Srivaikundam, Thoothukudi District.

2. The Inspector of Police, Srivaikundam Police Station, Srivaikundam, Thoothukudi District.

Crime No.31/2024.

3. Petchiammal, ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Sessions Judge, Special Court for SC/ST (POA) Act, Thoothukudi to consider the bail application of the petitioner on the same day of his surrender in Crime no.31 of 2024 on the file of the 1st and 2nd Respondents Police.

1/5

For Petitioner : Mr.N.Pragalathan For R1 & R2 : Mr.Veeranthiran Government Advocate (Crl. side)

O R D E R

The learned Counsel for the Petitioner submitted that the Petitioner is the sole accused in Crime No.31 of 2024 pending on the file of the Inspector of Police, Srivaikundam Police Station, Srivaikundam, Thoothukudi, and the Petitioner had filed this Criminal Original Petition seeking direction against the learned Sessions Judge, Special Court for SC/ST (POA) Act, Thoothukudi, to accept the surrender of the Petitioner and consider his bail application in Crime No.31 of 2024, pending before the second Respondent.

2. The learned Government Advocate (Criminal Side) appearing for the Respondents 1 and 2 would submit that the Petitioner is alleged to have supplied water to the Petitioner. The Petitioner is alleged to have abused the third Respondent and attacked her with slipper. Hence, the case was registered in Crime No.31 of 2024 under the provisions of SC/ST 2/5

(Prevention of Atrocities) Act, based on the complaint of the third Respondent with the second Respondent. There are three previous cases pending against the Petitioner, in which, two cases are registered for the offence under Section 307 IPC.

3. Considering the submissions made by the learned Government 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 SC/ST (POA) Act, Thoothukudi, 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.

4. On such surrender by the Petitioner and on filing an application for bail, the learned Sessions Judge, Special Court for SC/ST (POA) Act, Thoothukudi, shall consider the bail application of the Petitioner, after issuing notice to the victim of crime/De-facto Complainant and after hearing the objections of the victim of the crime, shall pass appropriate orders as per law.

3/5

5. With the above said direction, this Criminal Original Petition is disposed of.

07.03.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No LR To

1. The Sessions Judge, Special Court for SC/ST (POA) Act, Thoothukudi

2. The Deputy Superintendent Of Police, Srivaikundam Sub Division, Srivaikundam, Thoothukudi District.

3. The Inspector of Police, Srivaikundam Police Station, Srivaikundam, Thoothukudi District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

SATHI KUMAR SUKUMARA KURUP , J.

LR CRL.O.P (MD) No.3617 of 2024 07.03.2024 5/5