Madras High CourtCRL OP(MD)/3651/2024disposed of

Periyakkal 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.3651 of 2024

1. Periyakkal,

2. Bakyam @ Backiyalakshmi, ... Petitioners Vs

1. The Deputy Superintendent Of Police, Kulithalai, Karur District.

2. The Inspector of Police, Thogamalai Police Station, Karur District.

Crime No. 78/2024.

3. Krishnaveni, ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the the learned Principal District and Sessions Judge (PCR cases), Karur, Karur District to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime No. 78/2024 dated 25.02.2024, on the file of the second Respondent Police.

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For Petitioners : Mr.S.Saravana Kumar For R1 & R2 : Mr.M.Veeranthiran Government Advocate (Crl. side)

O R D E R

The learned Counsel for the Petitioners submitted that the Petitioners are arraigned as A1 and A4 in Crime No.78 of 2024 pending on the file of the Inspector of Police, Thogaimalai Police Station, Karur District, and the Petitioners had filed this Criminal Original Petition seeking direction against the learned Principal District and Sessions Judge (PCR cases), Karur, Karur District, to accept the surrender of the Petitioners and consider their bail application in Crime No.78 of 2024, pending before the second Respondent.

2. The learned Government Advocate (Criminal Side) appearing for the Respondents 1 and 2 would submit that when the defacto complainant sought for help of the Petitioners to purchase a bus ticket, the Petitioners abused her using caste name, attacked her causing blouse torn. She suffered 2/5

injury and treated as in-patient for eight days in a hospital. Hence, the case was registered in Crime No.78 of 2024, for the offences under Section 294(b), 323, 324 and 379 IPC r/w Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act. There is one previous case pending against the Petitioners.

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 Principal District and Sessions Judge (PCR cases), Karur, Karur 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 in the official web-site of this Court.

4. On such surrender by the Petitioners and on filing an application for bail, the learned Principal District and Sessions Judge (PCR cases), Karur, Karur District, shall consider the bail application of the Petitioners, 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.

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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 Principal District and Sessions Judge (PCR cases), Karur, Karur District.

2. The Deputy Superintendent Of Police, Kulithalai, Karur District.

3. The Inspector of Police, Thogamalai Police Station, Karur District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

LR CRL.O.P (MD) No.3651 of 2024 07.03.2024 5/5