Madras High CourtCRL OP(MD)/3668/2024disposed of

Karthik 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.3668 of 2024 1.Karthik 2.Marimuthu ... Petitioner Vs

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

2.State represented by The Inspector of Police, Virudhunagar Bazaar Police Station, Virudhunagar District.

Cr.No.19/2024..

3. Arunkumar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the District Sessions(SC/ST) Special Court (PCR) Srivilliputhur to consider of the bail application on the surrender of the petitioner's in connection with case in Crime No.19/2024, dated 18.02.2024, pending investigation on the file of the second Respondent Police on merits 1/5

on the same day.

For Petitioners : Mr.S.Maya Perumal 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 had filed this Criminal Original Petition seeking direction against the District Sessions(SC/ST) Special Court (PCR) Srivilliputhur, to accept the surrender of the Petitioners and consider their bail application in Crime No. 19 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 Petitioners are alleged to have threatened the defacto complainant to withdraw the complaint already given by him against a friend of the Petitioners herein. The Petitioners are alleged to have attacked the third respondent/defacto complainant with iron rod and caused injuries on the forehead. Hence, the case was registered in Crime No.19 of 2024, for the offences under Section 147, 148, 294(b), 323 2/5

and 324 IPC r/w Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, based on the complaint of the third Respondent with the second Respondent. He further submitted that the Petitioners are arraigned as A6 and A7. 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 District Sessions(SC/ST) Special Court (PCR) Srivilliputhur, 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 Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST (Prevention of Atrocities) ACt-1989, Srivilliputhur, 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 District Sessions(SC/ST) Special Court (PCR) Srivilliputhur.

2. The Deputy Superintendent Of Police, Virudhunagar, Virudhunagar District.

3. The Inspector of Police, Virudhunagar Bazaar Police Station, Virudhunagar 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.3668 of 2024 07.03.2024 5/5