Madras High CourtCRL OP(MD)/4684/2020disposed of

Prasanna v. The Deputy Superintendent Of Police

2020-03-17Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.4684 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.4684 of 2020 Prasanna ... Petitioner -vs1.The State represented by The Deputy Superintendent of Police, Oddanchatram Division, Dindigul District.

2.The Inspector of Police, Ambikkai Police Station, Dindigul District.

3.Arumugam ... Respondents PRAYER:Petition filed under Section 482 of the Criminal Procedure Code to direct the Principal District and Sessions Judge (Special Court for PCR Cases), Dindigul to consider his bail application on the same day of his surrender in respect of Crime no.41 of 2020 on the file of the second respondent, pending investigation. For Petitioner : Mr.D.Venkatesh For R1 and R2 : Mr.A.Robinson Government Advocate (Crl.side)

O R D E R

The petitioner is shown as an accused in Crime No.41 of 2020 registered on the file of the second respondent for the offences under Section 294(b), 323 and 355 of IPC read with Section 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 1989.

2.The petitioner states that he will surrender before the Special Court on 30.03.2020 and apply for regular bail. 3.From a reading of the First Information Report, it is seen that the petitioner as well as the defacto complainant are good friends. They used to work together as coolies. They used to go to https://hcservices.ecourts.gov.in/hcservices/ 1 / 2

Crl.O.P.(MD)No.4684 of 2020 the TASMAC liquor outlet. The occurrence in question appears to have been triggered by some other factor.

4.Be that as it may, without prejudice to the petitioner's defence in the rial, the petitioner undertakes to send a two sentence hand written letter addressed to the defacto complainant. In the letter, the petitioner will express his condemnation of untouchability and he will also apologise in unconditional terms to the defacto complainant. A copy of this letter will also be enclosed along with the surrender petition.

5.The petitioner is directed to issue notice to the defacto complainant about the date of surrender. On such surrender by the petitioner and applying for bail, the learned Special Judge shall consider and dispose of the bail petition on the same day. 6.With this direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Principal District and Sessions Judge, (Special Court for PCR Cases) Dindigul.

2.The Deputy Superintendent of Police, Oddanchatram Division, Dindigul District.

3.The Inspector of Police, Ambikkai Police Station, Dindigul District.

4.Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.D.VENKATESH, Advocate ( SR-12177[F] Crl.O.P.(MD)No.4684 of 2020 17.03.2020 Pnn SDS (18.03.2020) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2 / 2