Madras High CourtCRL OP(MD)/4116/2024ordered

Rasel v. The Deputy Superintendent Of Police

2024-03-28Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.4116 of 2024 1.Rasel 2.Saroja ... Petitioners / Accused vs.

1.The Deputy Superintendent of Police, Colachel, Kanyakumari District.

2.The Inspector of Police Karungal Police Station, Kanyakumari District.

Cr.No.57/2024.

3. Meenachi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the Additional District and Sessions Court (PCR Court) Tirunelveli, to consider the bail application on the same day on merits which would be filed by the Petitioners in Crime No. 57 of 2024 on the file of the first Respondent Police.

For Petitioners : Mr.C.Kishore For R1 & R2 : Mr.M.Veeranthiran Government Advocate (Crl.side) 1/4

O R D E R

This Criminal Original Petition had been filed seeking direction against the learned Additional District and Sessions Judge (PCR Court) Tirunelveli, to consider bail application of the Petitioners on the day of their surrender in Crime No.57 of 2024.

2. The learned Government Advocate (Criminal Side) appearing for the Respondents 1 and 2 would submit that due to previous enmity, the Petitioners are alleged to have attacked the third Respondent / defacto complainant with iron rod and also threatened the defacto complainant. The defacto complainant had suffered injury in leg and back of the shoulder, she was treated as inpatient for two days and discharged. He would further submit that there is no previous case 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 Additional District and Sessions Judge (PCR Court) Tirunelveli, within 15 days from 2/4

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 Additional District and Sessions Judge (PCR Court) Tirunelveli, 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 directions, this Criminal Original Petition is disposed of.

Internet : Yes./No 28.03.2024 Index : Yes/No NCC : Yes/No LS 3/4

SATHI KUMAR SUKUMARA KURUP , J.

LS To 1.The Additional Sessions Judge (PCR Court), Tirunelveli.

2.The Deputy Superintendent of Police, Colachel, Kanyakumari District.

3.The Inspector of Police Karungal Police Station, Kanyakumari District.

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

CRL.O.P (MD) No.4116 of 2024 28.03.2024 4/4