Madras High CourtCRL OP(MD)/3667/2024disposed of

Kesavan 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.3667 of 2024

1. Kesavan,

2. Naveen @ Jegathishkumar, ... Petitioners Vs

1. The Deputy Superintendent Of Police, Sivagangai Sub Division, Sivagangai, Sivagangai District.

2. The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

Crime No.92/2024.

3. Deventhiran ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court (PCR Act Cases), Sivagangai to consider the Bail application of the Petitioners concerned in crime No.92/2024, on the file of the Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District / the second Respondent herein and pass orders in accordance with law on the same day on their surrender if any petition filed by the 1/5

Petitioners.

For Petitioners : Mr.T.Veerakumar 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 A2 and A3 in Crime No.92 of 2024, for the offence under Sections 294(b), 323, 355 and 506(1) IPC r/w Section 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities) Amendment Act 2015, pending on the file of the Inspector of Police, Kalaiyarkovil Police Station, Sivagangai, and the Petitioners had filed this Criminal Original Petition seeking direction against the Special Court (PCR Act Cases), Sivagangai, to accept the surrender of the Petitioners and consider their bail application in Crime No. 92 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 defacto complainant requested the Petitioners not to park their two-wheeler in the middle of the 2/5

road as it affects the traffic. The Petitioners objected to the same and attacked the defacto complainant with slippers and used abusing language including his caste name. They also attacked him with wooden log. He further submitted that the injured is still in the Hospital and there is a case and counter. 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 Special Court (PCR Act Cases), Sivagangai, 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 Special Court (PCR Act Cases), Sivagangai, 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. 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 Special Court (PCR Act Cases), Sivagangai,

2. The Deputy Superintendent Of Police, Sivagangai Sub Division, Sivagangai, Sivagangai District.

3. The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai 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.3667 of 2024 07.03.2024 5/5