Madras High CourtCRL OP(MD)/4653/2024disposed of

Ahmed Khan v. The Deputy Superintendent Of Police

2024-03-25Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2024

CORAM:

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP 1.Ahmed Khan 2.Mohamed Ali 3.Sudalai ... Petitioners/Accused No.1 to 3 Vs.

1.The Deputy Superintendent of Police, Tenkasi Sub-Division, Tenkasi District.

...1st Respondent / Investigation Officer 2.The Inspector of Police, Shenkottai Police Station, Tenkasi District.

(Crime No.66 of 2024) ...2nd Respondent/Complainant 3.Kandhasamy Raja ...3rd Respondent/De-facto Complainant 4.Murugan ...Victim Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the learned II Additional District Judge, (PCR Court), Tirunelveli District to consider the bail application of the Petitioners on merits on the same day of their surrender before the above concerned Court pending investigation of Crime No.66 of 2024 on the file of the second Respondent Police Station.

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

ORDER

This Criminal Original Petition had been filed seeking direction against the learned II-Additional District Judge, (PCR Court), Tirunelveli District, to consider bail application of the Petitioners on the day of their surrender in Crime No.66 of 2024 dated 07.03.2024.

2. The learned Government Advocate (Criminal Side) appearing for the Respondents 1 and 2 would submit that the Petitioners are alleged to have attacked the Respondents 3 and 4 causing injuries in shoulder of the third Respondent and causing injuries in stomach of the fourth Respondent, based on which a case has been registered against the Petitioners by the de-facto Complainant. He would further submit that there are four previous cases pending against the first Petitioner and no previous case against other Petitioners.

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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 II-Additional District Judge, (PCR Court), Tirunelveli District, 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 II-Additional District Judge, (PCR Court), Tirunelveli District, 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.

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To 1.The II-Additional District Judge, (PCR Court), Tirunelveli District.

2.The Deputy Superintendent of Police, Tenkasi Sub-Division, Tenkasi District.

3.The Inspector of Police, Shenkottai Police Station, Tenkasi 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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