Madras High CourtCRL OP(MD)/3810/2024disposed of

Chellamuthu @ Chellamuthu Gounder v. The Deputy Superintendent Of Police

2024-03-11Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.3810 of 2024

1. Chellamuthu @ Chellamuthu Gounder

2. Vasanthi, ... Petitioners Vs

1. The Deputy Superintendent Of Police, Oddanchatram Division, Dindigul District.

2. The Inspector of Police, Ambilikkai Police Station, Dindigul District.

Crime No. 31 of 2024.

3. Santhosh, ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned Special court for Trial of SC/ST Act cases, Dindigul to consider the petitioners' bail application on the same day of their surrender in Crime No. 31 of 2024 on the file of the Ambilikkai Police station, Dindigul District.

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For Petitioners : Mr.T.Leninkumar 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 A1 and A2 in Crime No.31 of 2024 pending on the file of the Inspector of Police, Ambilikkai Police Station, Dindigul, and the Petitioners had filed this Criminal Original Petition seeking direction against the Special court for Trial of SC/ST Act cases, Dindigul, to accept the surrender of the Petitioners and consider their bail application in Crime No.31 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/defacto complainant was requested to pay a sum of Rs.10,00,000/- for chicken farm. But the defacto complainant was objected entering into the farm. The Petitioners are alleged to have threatened him and abused him with caste name, which attract the provisions of SC/ST (Prevention of Atrocities) Act. 2/5

Hence, the case was registered in Crime No.31 of 2024 under the provisions of SC/ST (Prevention of Atrocities) Act, based on the complaint of the third Respondent with the second Respondent. 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 Trial of SC/ST Act cases, Dindigul 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 Trial of SC/ST Act cases, Dindigul 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 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.

11.03.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No LR To

1. The Sessions Judge, Special Court for the Trial of SC and ST Act cases, Dindigul District.

2. The Deputy Superintendent Of Police, Oddanchatram Division, Dindigul District.

3. The Inspector of Police, Ambilikkai Police Station, Dindigul 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.3810 of 2024 11.03.2024 5/5