S.R.M.Ramamurthi Poosari v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.4552 of 2024 S.R.M.Ramamurthi Poosari, ... Petitioner Vs

1. State by The Deputy Superintendent Of Police, Sattur Sub Division, Virudhunagar District.

Cr.No.41/2024.

2. The Inspector of Police, Irukkankudi Police Station, Virudhunagar District.

Cr.No.41/2024.

3. S.Veeraselvi, ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Special Court for Trial of Offences under SC and ST(PoA) Act Virudhunagar District at Srivilliputhur to consider and dispose of the bail petition of the petitioner on the same day in event of his surrender.

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For Petitioner : Mr.M.Michael Bharathi 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.41 of 2024 pending on the file of the Inspector of Police, Irukkankudi Police Station, Virudhunagar District and the Petitioner had filed this Criminal Original Petition seeking direction against the learned Sessions Judge, Special Court for the Exclusive Trial of cases under SC and ST (Prevention of Atrocities) Act, Virudhunagar District at Srivilliputhur, to accept the surrender of the Petitioner and consider his bail application in Crime No.41 of 2024, pending before the second Respondent. 2.The learned Counsel for the Petitioner further submit that the Petitioner is the Chairman of Board of Hereditary Trustees of Arulmigu Mariamman Thirukovil, Irukkankudi at Melamadai Village in Sattur Taluk in Virudhunagar District. It is the further submission of the learned Counsel for the Petitioner that the Temple owns a property, in which, 120 shops are situated, apart from that 120 shops, some persons numbering about 203 2/5

were permitted to put up a temporary sheds in the land belonging to the Temple. The defacto complainant is also occupying one of the Temporary shop. While so the Executive Officer of the Temple issued an eviction notice against one Vairavan, who had filed a petition in W.P(MD)No.1734 of 2017, which was allowed on 21.12.2017.

3.The learned Government Advocate (Crl.Side) on instructions of the Respondents 1 and 2 submit that based on the complaint lodged by the defacto complainant, the Respondent police registered a case in Crime No. 41 of 2024 and conducted enquiry. After enquiry, the Respondent Police are ready to close the case as mistake of fact.

4. Recording the submission made by the learned Government Advocate (Crl.Side), this Criminal Original Petition is closed. 21.03.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No LR 3/5

To

1. The Deputy Superintendent Of Police, Sattur Sub Division, Virudhunagar District.

2. The Inspector of Police, Irukkankudi Police Station, Virudhunagar District.

3. 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.4552 of 2024 21.03.2024 5/5