Madras High CourtCRL OP(MD)/4834/2024disposed of

P.Velmurugan v. The Deputy Superintendent Of Police

2024-03-27Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.4834 of 2024 P.Velmurugan ... Petitioner / Accused vs.

1.The Deputy Superintendent of Police, Andipatti Region, Andipatti, Theni District.

2.The State Rep. by The Inspector of Police Andipatti Police Station, Theni District.

Crime No. 135 of 2024.

3.Kamatchiammal ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the learned Principal District and Sessions Judge, Theni (PCR Court Special Court for Exclusive Trial of Cases under SC / ST (Prevention Atrocities) Act, to consider the bail Petition of the Petitioner on the same day on his surrender in connection with Crime No.135 of 2024 on the file of the second Respondent Police.

For Petitioner : Mr.J.David Ganesan For R1 & R2 : Mr.M.Veeranthiran Government Advocate (Crl.side) 1/5

O R D E R

This Criminal Original Petition had been filed seeking direction against the learned Principal District and Sessions Judge, Theni (PCR Court Special Court for Exclusive Trial of Cases under SC / ST (Prevention Atrocities) Act, to consider bail application of the Petitioner on the day of his surrender in Crime No.135 of 2024.

2. The learned Government Advocate (Criminal Side) appearing for the Respondents 1 and 2 would submit that the Petitioner herein and the third Respondent / defacto complainant belongs to B.J.P party. The Petitioner is alleged to have hosted video clip, making furious allegation against B.J.P, State President Mr.Annamalai, for which, the third Respondent / defacto complainant questioned, the Petitioner herein is alleged to have went to the house of the third Respondent / defacto complainant in the early hours and knocked at the door and used abusive words and threatened her, which made her to give a complaint to the second Respondent. Based on the complaint of the third Respondent / defacto 2/5

complainant, the second Respondent had registered a case in Crime No.135 of 2024. He would further submit there is no previous case 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 Principal District and Sessions Judge, Theni (PCR Court Special Court for Exclusive Trial of Cases under SC / ST (Prevention Atrocities) Act, 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 Principal District and Sessions Judge, Theni (PCR Court Special Court for Exclusive Trial of Cases under SC / ST (Prevention Atrocities) Act, 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, and shall pass appropriate orders as per law.

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5. With the above said directions, this Criminal Original Petition is disposed of.

Internet : Yes./No 27.03.2024 Index : Yes/No NCC : Yes/No LS To 1.The Sessions Judge, Special Court for P.C.R cases, Sivagangai.

2.1.The Deputy Superintendent of Police, Devakottai, Sivagangai District.

3.The Inspector of Police Devakottai Police Station, Sivagangai District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

LS CRL.O.P (MD) No.4834 of 2024 27.03.2024 5/5