Madras High CourtCRL OP(MD)/4886/2024disposed of

Kannan v. The Deputy Superintendent Of Police

2024-03-28Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.4886 of 2024

1. Kannan 2.Sasikumar 3.G.Deepak @ Mano Deepak 4.R.Deepak 5.Jeyachandran 6.Siva Ananth 7.Saravanakumar @ Avvu @ Saravanan ... Petitioners / Accused vs.

1.The Deputy Superintendent of Police, Sempati Police Station, Dindigul.

2.The Inspector of Police Sempati Police Station, Dindigul.

Crime No. 29/2024 3.Kaliammal ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the learned Sessions Judge (Special court for SC/ST Act Cases), Dindigul District, to consider the Petitioners' bail application in Crime No. 29 of 2024 on the file of the second Respondent police on the same day of their surrender.

For Petitioners : Mr.S.S.Sundarapandian 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 Sessions Judge (Special Court for exclusive trial of cases under SC/ST (POA) Act), Dindigul District, to consider bail application of the Petitioners on the day of their surrender in Crime No.29 of 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 son of the third Respondent / defacto complainant and also abused by using his caste name. Therefore, the defacto complainant had given a complainat. He would further submit that it is case and counter case, the counter case is Crime No.31 of 2024. Among the Petitioners, the fifth Petitioner / Accused No.5 has one N.D.P.S case, which is pending trial. As far as the other Petitioners / Accused Nos.1 to 4, 6 and 7 are concerned, there are no previous cases against the Petitioners.

3. Considering the submissions made by the learned Government Advocate (Criminal Side) and the learned Counsel for the Petitioners, this 2/4

Court directs the Petitioners to surrender before the learned Sessions Judge (Special court for exclusive trial of cases under SC/ST (POA) Act), Dindigul 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 Sessions Judge (Special court for exclusive trial of cases under SC/ST (POA) Act) , Dindigul District, shall consider the bail application of the Petitioners, after issuing notice to the victim of crime/defacto 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 directions, this Criminal Original Petition is disposed of.

Internet : Yes./No 28.03.2024 Index : Yes/No NCC : Yes/No LS 3/4

SATHI KUMAR SUKUMARA KURUP , J.

LS To 1.The Sessions Judge (Special court for SC/ST (POA) Act), Dindigul District, 2.The Deputy Superintendent of Police, Sempati Police Station, Dindigul.

3.The Inspector of Police Sempati Police Station, Dindigul.

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

CRL.O.P (MD) No.4886 of 2024 28.03.2024 4/4