Madras High CourtCRL OP(MD)/3646/2024disposed of

Kannan 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.3646 of 2024

1. Kannan,

2. Senthamil @ Senthamilselvan, ... Petitioners Vs

1. The State represented by The Deputy Superintendent Of Police, Peraiyur,Madurai District.

2. The Inspector of Police, Peraiyur Police Station, Madurai District.

Crime No.42/2024.

3. Kanagaraj, ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned III Additional District Judge for PCR Act Cases, Madurai to accept their surrender and to consider their bail application in Crime No.42/2024, on the file of second respondent police to be filed by the petitioners on the same day on merits. 1/5

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

O R D E R

The learned Counsel appearing for the Petitioners submitted that the Petitioners are arrayed as A1 and A4 in Crime No.42/2024 pending on the file of the Inspector of Police, Peraiyur Police Station, Madurai District, and the Petitioners had filed this Criminal Original Petition seeking direction against the learned III Additional District Judge for PCR Act Cases, Madurai, to accept the surrender of the Petitioners and consider their bail application in Crime No.42/2024, pending before the second Respondent.

2. The learned Government Advocate (Criminal Side) appearing for the Respondents 1 and 2 would submit that the defacto complainant is a bar manager. The Petitioners herein are alleged to have abused him using his caste name and attacked him with bear hands causing simple injuries. Based on his complaint, the case was registered in Crime No.42/2024 for 2/5

the offences under Section 294(b), 506(2) of IPC r/w Section 3(1)(r) and 3(1)(s) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015. There are three previous cases pending against the first Petitioner and the second Petitioner has no previous case.

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 III Additional District Judge for PCR Act Cases, Madurai, 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 III Additional District Judge for PCR Act Cases, Madurai, 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 III Additional District Judge for PCR Act Cases, Madurai 2.The Deputy Superintendent Of Police, Peraiyur,Madurai District.

3. The Inspector of Police, Peraiyur Police Station, Madurai 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.3646 of 2024 07.03.2024 5/5