Madras High CourtCRL OP(MD)/3781/2024disposed of

Vellaisamy v. The Deputy Superintendent Of Police

2024-03-13Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.3781 of 2024 Vellaisamy, ... Petitioner Vs

1. The Deputy Superintendent Of Police, Mudukulathur Division, Ramanathapuram District.

2. The Inspector of Police, Elanjambur Police Station, Ramanathapuram District.

Crime No. 23 of 2024.

3. Manoranjini, ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned District and Sessions Judge, Special court for PCR cases, Ramanathapuram to consider the bail application of the petitioner on the same day of his surrender in Crime No. 23 of 2024 on the file of the 2nd respondent police.

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For Petitioner : Mr.K.Muthuvaii Ilayaraja For R1 & R2 : Mr.M.Veeranthiran Government Advocate (Crl. side)

O R D E R

The learned Counsel for the Petitioner submitted that the Petitioner is an accused (Rank unknown) in Crime No.23 of 2024 pending on the file of the Inspector of Police, Elanjambur Police Station, Ramanathapuram and the Petitioner had filed this Criminal Original Petition seeking direction against the learned District and Sessions Judge, Special court for PCR cases, Ramanathapuram to accept the surrender of the Petitioner and consider his bail application in Crime No.23 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 is alleged to have allowed her goats to graze in the land belonging to the Petitioner, for which, the Petitioner is alleged to have scolded her including caste name, which attract the provisions of SC/ST (Prevention of Atrocities) Act. 2/5

Hence, the case was registered in Crime No.23 of 2024, for the offences under Section 294(b) of IPC r/w Section 3(1)(r), 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989, based on the complaint of the third Respondent with the second Respondent.

3. Considering the submissions made by the learned Government Advocate (Criminal Side) and the learned Counsel for the Petitioner, this Court directs the Petitioner to surrender before the learned District and Sessions Judge, Special court for PCR cases, Ramanathapuram 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 Petitioner and on filing an application for bail, the learned District and Sessions Judge, Special court for PCR cases, Ramanathapuram shall consider the bail application of the Petitioner, 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.

13.03.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No LR To

1. The District and Sessions Judge, Special court for PCR cases, Ramanathapuram.

2. The Deputy Superintendent Of Police, Mudukulathur Division, Ramanathapuram District.

3. The Inspector of Police, Elanjambur Police Station, Ramanathapuram 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.3781 of 2024 13.03.2024 5/5