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Madras High CourtCRL OP(MD)/3725/2024disposed of

Chinnadurai v. The Deputy Superintendent Of Police

2024-03-20Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2024

CORAM:

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP Chinnadurai ... Petitioner/Accused No.1 Vs.

1.The Deputy Superintendent of Police, Vallam Sub-Division, Vallam, Thanjavur District.

2.The Inspector of Police, Vallam Police Station, Vallam, Thanjavur District.

(Crime No.70 of 2024)

...Respondents 1 & 2/Complainants

3.Tamilraja ...3rd Respondent/De-facto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned Sessions Judge, Special Court for SC/ST (POA) Act/1st Additional District Court (PCR), Thanjavur to consider the bail application of the Petitioner on the same day of his surrender in Crime No.70 of 2024 on the file of the first and second Respondents Police. For Petitioner : Mr.N.Pragalathan For R-1 and R-2 : Mr.M.Veeranthiran Government Advocate (Criminal Side) 1/5

ORDER

This Criminal Original Petition had been filed seeking direction against the learned Sessions Judge, Special Court for SC/ST (POA) Act/1st Additional District Court (PCR), Thanjavur, to consider bail application of the Petitioner on the day of his surrender in Crime No.70 of 2024.

2. The learned Government Advocate (Criminal Side) appearing for the Respondents 1 and 2 would submit that the third Respondent/de-facto Complainant advised the Petitioner to drive the two wheeler carefully and safely, for which the Petitioner herein along with other accused are alleged to have attacked the de-facto Complainant with wooden log. At that time, he was treated as inpatient in the hospital. The other accused persons in this case were granted direction by this Court as per the order dated 01.03.2024 passed in Crl.OP(MD).No.3295 of 2024.

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 Sessions Judge, Special Court for SC/ST (POA) Act/1st Additional District Court (PCR), Thanjavur 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. 2/5

4. On such surrender by the Petitioner and on filing an application for bail, the learned Sessions Judge, Special Court for SC/ST (POA) Act/1st Additional District Court (PCR), Thanjavur, 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, and shall pass appropriate orders as per law.

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

20.03.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To 1.The Sessions Judge, Special Court for SC/ST (POA) Act /1st Additional District Court (PCR), Thanjavur.

2.The Deputy Superintendent of Police, Vallam Sub-Division, Vallam, Thanjavur District.

3.The Inspector of Police, Vallam Police Station, Vallam, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

Nsr 20.03.2024 5/5