Madras High CourtCRL OP(MD)/4582/2024disposed of

Devi v. The Deputy Superintendent Of Police

2024-03-22Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.4582 of 2024 Devi, ... Petitioner Vs State represented by its

1. The Deputy Superintendent Of Police, Alangudi, Pudukottai District.

2. The Inspector of Police, Ganesh Nagar Police Station, Pudukottai District.

Crime No.54/2024..

3. Alaguraja, ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for (PCR Cases), Pudukottai, to consider the bail application on their surrender on the same day, if any petition filed by the Petitioner in Crime No.54/2024 on the file of second Respondent. 1/5

For Petitioner : Mr.M.Navinkumar 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 arrayed as A1 in Crime No.54 of 2024 pending on the file of the Inspector of Police, Ganesh Nagar Police Station, Pudukottai, and the Petitioner had filed this Criminal Original Petition seeking direction against the learned Sessions Judge, Special Court for (PCR Cases), Pudukottai, to accept the surrender of the Petitioner and consider her bail application in Crime No.54 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 is employed as a teacher in a Government School. She had made a representation to the third Respondent that she can arrange a job for him in Tamil Nadu Electricity Board as Technical Assistant, using her influence and believing her words, the third Respondent is alleged to have given a sum of Rs.3,50,000/- to secure a job as Technical Assistant in Tamil Nadu Electricity Board. Since 2/5

he had not been selected as Technical Assistant, he had sought refund of the amount, for which, the Petitioner is alleged to have scolded him using caste name, which attract the provisions of SC/ST (Prevention of Atrocities) Act. Hence, the case was registered in Crime No.54 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 a similar case registered under Section 420 IPC 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 (PCR Cases), Pudukottai, 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 (PCR Cases), Pudukottai, shall consider the bail application of the Petitioner, after issuing notice to the victim of crime/De-facto Complainant and after hearing the 3/5

objections 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.

22.03.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No LR To

1. The Sessions Judge, Special Court for (PCR cases ) Pudukottai District.

2. The Deputy Superintendent Of Police, Alangudi, Pudukottai District.

3. The Inspector of Police, Ganesh Nagar Police Station, Pudukottai 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.4582 of 2024 22.03.2024 5/5