Madras High CourtCRL OP(MD)/3695/2024disposed of

Mani @ Manikandan v. The Deputy Superintendent Of Police

2024-03-21Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.3695 of 2024

1. Mani @ Manikandan,

2. Karthik @ Kartikraja, ... Petitioners Vs

1. The Deputy Superintendent Of Police, Peraiyur Sub Division, Peraiyur, Madurai District.

2. The State represented by The Sub Inspector of Police, Peraiyur Police Station, Madurai District.

Crime No.42/2024.

3. M.Kanagaraj ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for Trial of SC/ST (POA) Act Cases, Madurai, to accept the surrender of the petitioners and consider their bail application on the same day on merits in relating to Crime no.42 of 2024 dated 29.02.2024 on the file of the Respondents Police. 1/5

For Petitioners : Mr.A.Ananda Raj 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 arrayed as A2 and A3 in Crime No.42 of 2024 pending on the file of the Sub Inspector of Police, Peraiyur Police Station, Madurai, and the Petitioners had filed this Criminal Original Petition seeking direction against the learned Sessions Judge, Special Court for the Exclusive Trial of cases under SC and ST (Prevention of Atrocities) Act, Madurai District, to accept the surrender of the Petitioners and consider their bail application in Crime No.42 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 third Respondent was working in a TASMAC bar. The Petitioners herein are alleged to have picked up quarrel with him and abused him with caste name and also extended life threat to the third Respondent, which attract the provisions of 2/5

SC/ST (Prevention of Atrocities) Act. Therefore, the third Respondent had preferred a complaint with the second Respondent and the case was registered in Crime No.42 of 2024 under the provisions of SC/ST (Prevention of Atrocities) Act. There is no 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 Sessions Judge, Special Court for the Exclusive Trial of cases under SC and ST (Prevention of Atrocities) Act, Madurai 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 Sessions Judge, Special Court for the Exclusive Trial of cases under SC and ST (Prevention of Atrocities) Act, Madurai 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 3/5

of the victim of the crime, shall pass appropriate orders as per law.

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

21.03.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No LR To

1. The Sessions Judge, Special Court for the Trial of cases under SC and ST (Prevention of Atrocities) Act, Madurai District.

2. The Deputy Superintendent Of Police, Peraiyur Sub Division, Peraiyur, Madurai District.

3. The Sub 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.3695 of 2024 21.03.2024 5/5