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Madras High CourtCRL OP(MD)/5366/2020allowed

Murugan v. The Deputy Superintendent Of Police

2020-05-18Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.5366 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.05.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5366 of 2020 1.Murugan 2.Esakkimuthu ... Petitioners/ Accused Nos.1 & 2 Vs 1.The Deputy Superintendent of Police, Valliyoor Sub Division, Tirunelveli District.

2.The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

(Crime No.112 of 2020)

...Respondent No 1 & 2/

Complainant 3.Ravi Sankar.

... Respondent No 3/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned II Additional District and Sessions Judge cum P.C.R Court, Tirunelveli, Tirunelveli District to consider and dispose of the bail application to be filed by the petitioner on the same day of its filing on his surrender through virtual video mode in connection with the case in Crime No.112 of 2020 on the file of the Inspector of Police, Koodankulam Police Station, Tirunelveli District.

For Petitioners : Mr.R.Anand For R1 & R2 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioners are shown as accused in Crime No.112 of 2020 registered on the file of the Inspector of Police, Koodankulam Police Station, Tirunelveli District, for the offences under Sections 294(b), 323, 506(1) of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Amendment Act, 2015.

2.The learned counsel appearing for the petitioners reiterated the contentions set out in the original petition. https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.5366 of 2020 3.I am of the view that interest of justice will be served by permitting the petitioner to surrender before the jurisdictional Special Court within period of six weeks from the date of receipt of a copy of this order. The learned Special Judge is directed to dispose of the petitioners' bail petition on the same day of surrender. This direction will become infructuous, if the petitioners are arrested in the meanwhile. Therefore, the respondents 1 and 2 are restrained from arresting the petitioners till the expiry of the period set out above.

4.Considering the current times, this Court dispenses with the issuance of the notice to the third respondent. This Criminal Original Petition is allowed on these terms.

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi To 1.The II Additional District & Sessions Judge cum P.C.R Court,Tirunelveli, Tirunelveli District.

2.The Deputy Superintendent of Police, Valliyoor Sub Division, Tirunelveli District.

3.The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

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

Crl.O.P(MD)No.5366 of 2020 18.05.2020 AP(26/05/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4