Madras High CourtCRL OP(MD)/4575/2024disposed of

Kalaiselvam 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.4575 of 2024 Kalaiselvam, ... Petitioner Vs

1. The Deputy Superintendent Of Police, Vallam, Thanjavur District.

2. The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.

Crime No. 62/2024.

3. Manikandan, ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the learned I Additional District Sessions Judge (PCR cases), Thanjavur to consider the bail application on their surrender on the same day if any petition filed by the petitioner in Crime No. 62/2024 on the file of second Respondent.

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For Petitioner : Mr.T.Eashwar 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 an accused (Rank not known) in Crime No.62 of 2024 pending on the file of the Inspector of Police, Thanjavur Taluk Police Station, Thanjavur, and the Petitioner had filed this Criminal Original Petition seeking direction against the learned I Additional District Sessions Judge (PCR cases), Thanjavur, to accept the surrender of the Petitioner and consider his bail application in Crime No.62 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 along with 10 persons entered the village of the third Respondent/defacto complainant and attacked them with Aruval, in which, a two year old minor boy was also injured in the hand. The injured minor boy had underwent treatment for ten days in hospital and was discharged. Hence, the case was registered in 2/5

Crime No.62 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 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 I Additional District Sessions Judge (PCR cases), 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 I Additional District Sessions Judge (PCR cases), 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, shall pass appropriate orders as per law.

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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 I Additional District Sessions Judge (PCR cases), Thanjavur

2. The Deputy Superintendent Of Police, Vallam, Thanjavur District.

3. The Inspector of Police, Thanjavur Taluk 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.

LR CRL.O.P (MD) No.4575 of 2024 22.03.2024 5/5