Madras High CourtCRL OP(MD)/5403/2020allowed

K.Nallamayan, v. The Deputy Superintendent Of Police

2020-05-19Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.5403 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.5403 of 2020 1.K.Nallamayan 2.J.Pirathini 3.K.Rajapandi ... Petitioners/ Accused Nos.1, 2 & 7 Vs 1.The Deputy Superintendent of Police, Usilampatti, Madurai District.

2.The Inspector of Police, Usilampatti Town Police Station, Madurai District. ...Respondent 1&2/Complainant 3.R.Vinothkumar ...Respondent 3/Defacto Complainant 4.Rajapandi 5.Guruneshwaran ...Respondents 4&5/victims PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the III Additional District and Sessions Judge (Special Judge for PCR Cases), Madurai to accept the petitioners surrender and consider their bail application on the same day in connection with Crime No.800 of 2020 on the file of the second respondent in accordance with law.

For Petitioners : Mr.C.Senthil Murugan For R1 & R2 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioners are shown as accused in Crime No.800 of 2020 registered on the file of the Inspector of Police, Usilampatti Town Police Station, Madurai District, for the offences under Sections 147, 148, 294(b), 323, 324, 506(ii) of IPC and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5403 of 2020 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 respondents 3 to 5. This Criminal Original Petition is allowed on these terms.

Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi To 1.The III Additional District and sessions Judge, (Special Judge for PCR Cases) Madurai.

2.The Deputy Superintendent of Police, Usilampatti, Madurai District.

3.The Inspector of Police, Usilampatti Town Police Station, Madurai District.

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

Crl.O.P(MD)No.5403 of 2020 19.05.2020 KB(27/05/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2