Madras High CourtCRL OP(MD)/5345/2020allowed

Arun @ Arunkumar v. The Deputy Superintendent Of Police

2020-05-15Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.5345 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.05.2020 PRESENT THE HON`BLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD).No.5345 of 2020 1.Arun @ Arunkumar 2.Balamurugan 3.Sooriyakumar .Mathi @ Muthaiyan ... Petitioners/Accused Nos.1 to 4 Vs 1.The State rep by The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Pattukkottai Sub Division, Thanjavur District.

... 1st & 2nd Respondents/Complainants 2.The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

(Crime No.48 of 2020) 3.Kamaraj ...3rd Respondent / Defacto Complainant PRAYER : Petition is filed under Section 482 of Cr.P.C to accept the surrender of the petitioner before the Special Court for SC/ST (Prevention of Atrocities) Act i.e. The I Additional District and Sessions Judge at Thanjavur, in connection with the Crime No.48 of 2020 on the file of the second respondent police and to consider the bail application filed by the petitioners on the same day. For Petitioners : Mr.B.Anandan For Respondents : Mr.A.Robinson Government Advocate (Crl.side) for R1 and R2

ORDER

The petitioners are shown as accused in Crime No.48 of 2020 registered on the file of the second respondent for the offences under Sections 294(b), 323, 324, 109 and 506(2) of IPC r/w 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (POA) Amendment Act 2015. 2.Considering the pandemic time, notice to the third respondent is dispensed with.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.5345 of 2020 3.After hearing the learned counsel on either side, I am of the view that the relief sought for in this original petition can be granted. The petitioners are directed to surrender before the jurisdictional Special Court within a period of eight weeks from the date of receipt of a copy of this order and the learned Special Judge is directed to accept the surrender. The petitioners are at liberty to apply for regular bail and the said bail petition shall be considered on the same day of surrender. Since this direction will become infructuous, if the petitioners are arrested in the meanwhile. The respondents 1 and 2 are restrained from arresting the petitioners for a period of eight weeks from today. 4.This Criminal Original Petition is allowed on these terms.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) rmk To 1.I Additional District and Sessions Judge at Thanjavur. 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Pattukkottai Sub Division, Thanjavur District. 3.The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

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

ORDER IN Crl.O.P(MD).No.5345 of 2020 15.05.2020 SMA/02/06/2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2