Padmavathi v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2024

CORAM:

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP Padmavathi ... Petitioner/Accused Rank Not Known Vs.

1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thanjavur Town Sub Division, Thanjavur District.

2.The Inspector of Police, Medical College Police Station, Thanjavur District.

(Crime No.17 of 2024) ...1st and 2nd Respondents/Complainants 3.Jagathiswari ...3rd Respondent/De-facto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to accept the surrender of the Petitioner before the Special Court for SC/ST (Prevention of Atrocities) Act ie., the 1st Additional District and Sessions Judge at Thanjavur in connection with the Crime No.17 of 2024 on the file of the second Respondent and to consider the bail application filed by the Petitioner on the same day.

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For Petitioner : Mr.K.M.Karunakaran For R-1 and R-2 : Mr.M.Veeranthiran Government Advocate (Criminal Side)

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition seeking direction against the learned Sessions Judge, Special Court for Exclusive Trial of SC/ST (POA) Act cases / the learned 1st Additional District and Sessions Judge, Thanjavur to consider the bail application of the Petitioner on the day of his surrender in Crime No.17 of 2024, on the file of the second Respondent.

2. The learned Government Advocate (Criminal Side) appearing for the Respondents 1 and 2 would submit that when the de-facto Complainant waiting to meet the President of BJP, at that time the Accused No.1 who is the District President of Woman Wing of the BJP alleged to have abused the de-facto Complainant using caste slur and also threatened her. Due to political dispute between the de-facto Complainant and the first accused, a case has been 2/5

registered against the Petitioner along with other accused, who accompanied the Accused No.1. He would further submitted that there was no 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 Sessions Judge, Special Court for Exclusive Trial of SC/ST (POA) Act cases / the learned 1st Additional District and Sessions Judge, 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.

4. On such surrender by the Petitioner and on filing an application for bail, the learned Sessions Judge, Special Court for Exclusive Trial of SC/ST (POA) Act cases / the learned 1st Additional District and Sessions Judge, 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 pass appropriate orders as per law. 3/5

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

14.03.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To 1.The Special Court for Exclusive Trial of SC/ST (POA) Act cases / 1st Additional District and Sessions Judge, Thanjavur.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thanjavur Town Sub Division, Thanjavur District.

3.The Inspector of Police, Medical College Police Station, Thanjavur District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

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