Madras High CourtCRL OP(MD)/3991/2024disposed of

Deepan @ Deepanraj 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.3991 of 2024 Deepan @ Deepanraj, ... Petitioner Vs

1. The Deputy Superintendent Of Police, Madurai District.

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

Crime No. 80 of 2024.

3. Uthiraprakash, ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned III Additional Sessions Judge, Madurai (PCR court) to consider the bail application to be filed by the petitioner on the same day in of Crime No. 80 of 2024 on the file of the Inspector of Police, Othakadai Police station which is pending investigation with such terms and conditions imposed by this Court.

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For Petitioner : Mr.S.Vijaya Kumar 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 the accused (rank not known) in Crime No.80 of 2024 pending on the file of the Inspector of Police, Othakadai Police Station, Madurai, and the Petitioner had filed this Criminal Original Petition seeking direction against the learned III Additional Sessions Judge, (PCR court), Madurai to accept the surrender of the Petitioner and consider his bail application in Crime No. 80 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 Petitioner herein along with other accused persons are alleged to have attacked the third Respondent/defacto-complainant with a wooden log stating that how dare you are posted a photo of a girl along with the third Respondent. The third Respondent suffered injuries and was treated at hospital for two days. 2/5

Hence, the case was registered in Crime No.80 of 2024 for the offences under Section 147, 148, 294(b), 447, 342, 323, 324 and 506(1) r/w Section 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities) Amendment Act, 2015, based on the complaint of the third Respondent with the second Respondent. It is a case and counter case. The counter case was registered in Crime No.79 of 2024. There is one previous case pending against the Petitioner.

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 III Additional Sessions Judge, (PCR court) Madurai 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 III Additional Sessions Judge, (PCR court) Madurai shall consider the bail application of the Petitioner, 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.

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

1. The III Additional Sessions Judge, (PCR court) Madurai.

2. The Deputy Superintendent Of Police, Madurai District.

3. The Inspector of Police, Othakadai 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.3991 of 2024 13.03.2024 5/5