Madras High CourtCRL OP(MD)/22933/2023disposed of

Perumal v. The Deputy Superintendent Of Police

2024-01-03Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2024 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Perumal

...Petitioner

Vs.

1. The Deputy Superintendent of Police, Usilampatti Taluk, Madurai District.

2. The Inspector of Police, Elumalai Police Station, Madurai District.

(In Crime No.245 of 2023)

3. Solairasu ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Learned III Additional Sessions Judge and Special Court for the Exclusive Trial of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act cases, Madurai, to accept the surrender of the Petitioner and consider his Bail Applicatioin and grant Bail on the same date of surrender itself in connection with the case in Crime No.245 of 2023, registered on 14.11.2023 on the file of the second respondent Police.

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For Petitioner : Mr.N.Balasubramanian For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

This Criminal Original Petition had been filed seeking for direction to the Learned III Additional Sessions Judge and Special Court for the Exclusive Trial of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act cases, Madurai to consider bail on surrender by the Petitioner.

2. The learned Counsel for the Petitioner submitted that on an earlier occasion, he had filed Crl.O.P.(MD)No.20904 of 2023, which was dismissed as per the order, dated 21.11.2023, on the ground that the victim/De-Facto complainant was still in the Hospital.

3. The learned Additional Public Prosecutor submitted that the injured discharged from the Hospital. In the light of the submission made by the learned Counsel for the Petitioner and the reply of the learned Additional Public Prosecutor, this Court directs the learned III Additional Sessions Judge and Special Court for the Exclusive Trial of the Scheduled Castes and 2/4

Scheduled Tribes (Prevention of Atrocities)Act cases, Madurai, to consider the bail application, if any filed by the Petitioner, after issuing notice to the victim and after hearing the victim, shall pass appropriate orders within a period of 15 days from the date of receipt of a copy of this order. The Petitioner shall surrender before the Court concerned.

4. With the above said direction, this Criminal Original Petition is disposed of.

03.01.2024 Index : Yes/No Internet:Yes/No jbr To

1. The Deputy Superintendent of Police, Usilampatti Taluk, Madurai District.

2. The Inspector of Police, Elumalai Police Station, Madurai District.

(In Crime No.245 of 2023) 3/4

SATHI KUMAR SUKUMARA KURUP, J., jbr 03.01.2024 4/4