Madras High CourtCRL OP(MD)/4736/2024disposed of

Balachandran v. The Deputy Superintendent Of Police

2024-03-26Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.4736 of 2024 1.Balachandran 2.Chitra ... Petitioners / Accused Nos.1&2 vs.

1.The State rep. by its The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Tirumangalam, Madurai District.

2.The Inspector of Police Tirumangalam Town Police Station, Madurai District.

Crime No.46/2024.

3.Pandiselvi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the learned III Additional District and Sessions Judge (Special Court for PCR Cases), Madurai, to consider the bail application of the Petitioners on the same day of their surrender itself in Crime No.46 of 2024, on the file of the second Respondent Police. For Petitioners : Mr.D.S.Haroon Rasheed 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 III Additional District and Sessions Judge (Special Court for PCR Cases), Madurai, to consider bail application of the Petitioner on the day of his surrender in Crime No.46 of 2024.

2. The learned Government Advocate (Criminal Side) appearing for the Respondents 1 and 2 would submit that the third Respondent / defacto complainant is alleged to have borrowed Rs.10,000/- from the first Petitioner and third month due had not paid and therefore, the Petitioners alleged to have trespassed into the house of the defacto complainant and abused and also broken T.V and strangulated the neck of the third Respondent / defacto complainant and used abusive language including caste name. Based on the complaint of the third Respondent / defacto complainant, the F.I.R had been registered. He would further submit there was no previous case pending against the Petitioners. 2/4

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 III Additional District and Sessions Judge (Special Court for PCR Cases), 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 Petitioners and on filing an application for bail, the learned III Additional District and Sessions Judge (Special Court for PCR Cases), Madurai, 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 direction, this Criminal Original Petition is disposed of.

Internet:Yes./No 26.03.2024 Index:Yes/No LS 3/4

SATHI KUMAR SUKUMARA KURUP , J.

LS To 1.The III Additional District and Sessions Judge (Special Court for PCR Cases), Madurai.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Tirumangalam, Madurai District.

3.The Inspector of Police Tirumangalam Town Police Station, Madurai District.

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

CRL.O.P (MD) No.4736 of 2024 26.03.2024 4/4