Ravi @ Ravikarthikeyan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN 1.Ravi @ Ravikarthikeyan 2.Balaji 3.Ukkirapandian @ Ukkarama Pandian

...Petitioners / Accused Nos.1, 2 &4

Vs.

1.The Deputy Superintendent of Police, Uthamapalayam, Theni District.

2.The Inspector of Police, Uthamapalayam Police Station, Theni District.

(Crime No.225 of 2023) ... Respondents 1 & 2 / Complainants 3.Alexandar ...3rd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Court for Trial of Cases under SC/ST (POA) Act, Theni to consider the bail application of the petitioner concerned in Crime No.225 of 2023 on the file of the second respondent police and pass orders in accordance with law on the same day on their surrender if any petition filed by the petitioners. 1/4

For Petitioners : Mr.S.Vikram For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) O RDER This petition is filed seeking for a direction to the Special Court for Trial of Cases under SC/ST (POA) Act, Theni, to consider the bail application of the petitioners concerned in Crime No.225 of 2023 on the file of the 2nd respondent Police and pass orders in accordance with law on the same day on their surrender if any petition filed by the petitioners. 2.A perusal of the records would go to show that the petitioners / Accused Nos.1, 2 and 4 and 3rd accused have already approached this Court for the very same relief by way of filing a petition in Crl.O.P.(MD)No.12945 of 2023 and the same was dismissed against these petitioners and allowed in favour of the 3rd accused.

3.It is reported by the learned Government Advocate (Crl.Side) for the respondents 1 and 2 that the learned Magistrate concerned has refused to accept the remand of the 3rd accused on the ground that he is having health problem. 2/4

4.In view of the above submissions, this Court is of the view that once the remand has been rejected by the learned Magistrate concerned as stated and since the petitioners have made an attempt earlier, which was negatived against them, no order is necessary to be passed. Accordingly, this Criminal Original Petition is dismissed.

15.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No Yuva To 1.The Deputy Superintendent of Police, Uthamapalayam, Theni District.

2.The Inspector of Police, Uthamapalayam Police Station, Theni District.

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

3/4

DR.D.NAGARJUN. J.

Yuva Crl.O.P.(MD)No.16512 of 2023 15.09.2023 4/4