Madras High CourtCRL OP(MD)/4093/2020disposed of

Arputham v. The Assistant Superintendent Of Police

2020-03-05Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Arputham ... Petitioner/Sole Accused Vs 1.The Assistant Superintendent of Police, Valliyoor Range, Valliyoor, 2.The State Rep. by The Inspector of Police, Panagudi Police Station, Panagudi, (Crime No.78 of 2020) ... Respondents/Complainants 3.Ayyakutti ... Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned II Additional Sessions Judge, Tirunelveli, Tirunelveli District to accept the surrender and subsequent bail application of the petitioner herein in connection with Crime No.78 of 2020 on the file of the Inspector of Police, Panagudi Police Station, Panagudi, Tiruenveli District and later consider the same on merits and in accordance with law on the same day itself. For Petitioner : Mr.S.Palani Velayutham For R1 & R2 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

This direction petition has been filed under the impression that Crime No.78 of 2020 registered against the petitioner includes the offence under Section Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 1989. 1/3

2.When the matter was taken up for hearing, the learned Government Advocate (Crl.side) submitted that FIR has since been altered and the offences under provision of SC & ST Act have been deleted. Now Crime No.78 of 2020 on the file of the Panagudi Police station, is registered only for the offences under Sections 294(b) and 324 of IPC.

3.This Court directs the petitioner to surrender and the learned jurisdictional Magistrate is directed to dispose of the petitioner's bail petition on the same day of surrender. The question of issuing notice to the defacto complainant does not arise, because the offence under Section SC & ST Act has been deleted.

4.The learned Government Advocate (Crl.side) submitted that the papers may still be with the Sub Court and may not have reached the jurisdictional Magistrate.

5.The petitioner has come forward to surrender before the Court below. If the papers have not reached the Court of the jurisdictional Magistrate, the petitioner's surrender will not be accepted. The petitioner can surrender, after the papers reach the jurisdictional Magistrate.

6.This criminal original petition is disposed of on these terms.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi To 1.The II Additional Sessions Judge, Tirunelveli, Tirunelveli District.

2.The Assistant Superintendent of Police, Valliyoor Range, Valliyoor, 2/3

3. The Inspector of Police, Panagudi Police Station, Panagudi, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.PALANIVELAYUTHAM, Advocate ( SR-10286[F] dated 05/03/2020 ) 05.03.2020 JMN(12.03.2020) 3P : 6C 3/3