Madras High CourtCRL OP(MD)/709/2024disposed of

Manikandan @ Manivannan v. The Deputy Superintendent Of Police

2024-02-21Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.709 of 2024 1.Manikandan @ Manivannan 2.Vishwa 3.Sivakumar

...Petitioners

vs 1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Puliyampatti Station, Thoothukudi District.

Crime No.86 of 2023 3.Vighesh Kumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the Special Court for trial of Cases under SC/ST (PoA) Act, Thoothukudi to accept the surrender and consider the bail application of the Petitioners on the same day of their surrender in Crime No.86 of 2023, Puliyampatti Station, Thoothukudi District. 1/5

For Petitioners : Mr.S.Ramasundarvijayraj For R1 & R2 : Mr.M.Veeranthiran Government Advocate (Crl.side)

O R D E R

The learned Counsel for the Petitioners submits that the Petitioners are arrayed as accused 1 to 3 in Crime No.86 of 2023 on the file of the 2nd Respondent. They had filed this Petition seeking direction against the learned Sessions Judge, Special Court for trial of Cases under SC/ST (PoA) Act, Thoothukudi to consider the Petitioners' bail application on the same day of surrender in Crime No.86 of 2023 on the file of the 2nd Respondent. 2.The learned Government Advocate (Crl.side), on instructions of the Respondents 1 and 2, would submit that the defacto Complainant/third Respondent is an employee of the Petitioners herein. He sought for his income, for which the Petitioners are alleged to have attacked him with wooden log causing injuries on the defacto Complainant on his lips and head. He suffered injuries, for which he had been treated with two stitches. He was treated as in-patient for 4 days in the hospital. The Petitioners have no previous case.

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3.Considering the submissions made by the learned Government Advocate (Crl.side), this Criminal Original Petition is disposed of with the following conditions:- i) The Petitioners are directed to surrender before the learned Sessions Judge, Special Court for trial of Cases under SC/ST (PoA) Act, Thoothukudi, 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.

ii) On such surrender by the Petitioners, the learned Sessions Judge, Special Court for trial of Cases under SC/ST (PoA) Act, Thoothukudi, shall consider the bail application of the Petitioners after issuing notice to the victim of crime/complainant and hearing the objections of the victim of the crime and shall dispose off the bail application as per law. Internet:Yes./No 21.02.2024 Index:Yes/No mm 3/5

To 1.The Sessions Judge, Special Court for trial of Cases under SC/ST (PoA) Act, Thoothukudi.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thoothukudi District.

3.The Inspector of Police, Puliyampatti Station, Thoothukudi District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.709 of 2024 21.02.2024 5/5