Madras High CourtCRL OP(MD)/4366/2024disposed of

Maru @ Maruthu Durai v. The Deputy Superintendent Of Police

2024-03-20Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2024

CORAM:

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP 1.Maru @ Maruthu Durai 2.Barath Kumar ... Petitioners/Accused No.1 and 2 Vs.

1.The Deputy Superintendent of Police, Kodaikanal Sub-Division, Dindigul District.

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

(Crime No.59 of 2024)

...Respondents 1 & 2/Complainants

3.Anbu ...3rd Respondent/De-facto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned District and Sessions Judge (Special case court for PCR), Dindigul District to accept the surrender of the Petitioners/Accused No.1 and 2 and consider their bail application on the same day in connection with Crime No.59 of 2024 on the file of the second Respondent Police.

For Petitioners : Mr.M.Vivek Bharathi For R-1 and R-2 : Mr.M.Veeranthiran Government Advocate (Criminal Side) 1/4

ORDER

This Criminal Original Petition had been filed seeking direction against the learned District and Sessions Judge (PCR cases), Dindigul District, to consider the bail application of the Petitioners on the day of their surrender in Crime No.59 of 2024.

2. The learned Government Advocate (Criminal Side) appearing for the Respondents 1 and 2 would submit that the son of the de-facto Complainant was in relationship with the sister of the Petitioners, for which the Petitioners are alleged to have trespassed into the house of the third Respondent, attacked her causing simple injuries and damaged the articles inside the house and abused her in filthy language using caste slur. Based on the same, the third Respondent preferred a complaint with the second Respondent. He would further submit that 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 Petitioner, this Court directs the Petitioners to surrender before the learned District and Sessions Judge (PCR 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.

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4. On such surrender by the Petitioners and on filing an application for bail, the learned District and Sessions Judge (PCR 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, 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 To 1.The District and Sessions Judge (PCR cases), Dindigul District.

2.The Deputy Superintendent of Police, Kodaikanal Sub-Division, Dindigul District.

3.The Inspector of Police, Thandikudi 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.

Nsr 20.03.2024 4/4