Madras High CourtCRL OP(MD)/5381/2020allowed

Subhash@Subhashraja v. The Deputy Superintendent Of Police

2020-05-19Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.5381 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.05.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5381 of 2020 1.Subhash @ Subhashraja 2.Manikkam @ Manickaraj 3.Raja @ Nagarajan 4.Vicky @ Vignesh 5.Denesh @ Dhinesh ... Petitioners/ Accused Nos.1 to 5 Vs 1.The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.

2.The Inspector of Police, Panagudi Police Station, Tirunelvei District.

(Crime No.200 of 2020) 3.Sudha ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned II Additional District Judge (PCR), Tirunelveli to accept the surrender of the petitioners/accused and consider the petitioners bail application and grant bail on the date of surrender itself in Crime No.200 of 2020 on the file of the second respondent Police.

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

ORDER

The petitioners are shown as accused in Crime No.200 of 2020 registered on the file of the Inspector of Police, Panagudi Police Station, Tirunelveli District, for the offences under Sections 147, 148, 294(b), 323, 324, 506(ii) of IPC r/w Section 4 of TNPHW Act and Sections 3(1)(r)(s), 3(2)(va) of SC/ST (POA) Amendment Act, 2015. https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.5381 of 2020 2.The learned counsel appearing for the petitioners reiterated the contentions set out in the original petition. 3.I am of the view that interest of justice will be served by permitting the petitioners to surrender before the jurisdictional Special Court within a 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 // True Copy // / /2020 Sub Assistant Registrar(CS) rmi To 1.The II Additional District Judge(PCR) Tirunelveli.

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

3.The Inspector of Police, Panagudi Police Station, Tirunelvei District.

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

Crl.O.P(MD)No.5381 of 2020 19.05.2020 AP(26/05/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4