Madras High CourtCRL OP(MD)/5423/2020allowed

R.Kalanidhi v. The Deputy Superintendent Of Police

2020-05-21Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.05.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5423 of 2020 R.Kalanidhi ... Petitioner / Accused No.3 Vs 1.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Kallikudi Police Station, Madurai District, 2.The Inspector of Police, Kallikudi Police Station, Madurai District, Maduari.

(Crime No.30 of 2020) 3.Gurusamy 4.Thavidurajan ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Special Sessions Judge for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Maduari, to accept the surrender of the petitioner/ Accused No.3 and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.30 of 2020, dated 14.02.2020 on the file of the Respondent No.2.

For Petitioner : Mr.T.Lajapathi Roy For R1 & R2 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioner is shown as accused No.3 in Crime No.30 of 2020 registered on the file of the Inspector of Police, Kallikudi 1/4

Police Station, Maduari District, for the offences under Sections 147, 148, 294(b), 323, 324, 307, 506(ii) of IPC and Sections 3(1) (r), 3(1)(s), 3(2)(v-a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2015. 2.The learned counsel appearing for the petitioner reiterated the contentions set out in the original petition. 3.Considering the present times, notice to the respondents 3 and 4 is dispensed with.

4.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 eight weeks from the date of receipt of a copy of this order. The learned Special Judge will dispose of the petitioner's bail petition on the same day of surrender. Since this direction will become infructuous, if the petitioner is arrested in the meanwhile. The respondents 1 and 2 are restrained from arresting the petitioner till the expiry of the period of eight weeks.

5. This Criminal Original Petition is allowed on these terms. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) To

1. The Special Sessions Judge for SC/ST Act Cases,

2. The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Kallikudi Police Station, Madurai District, 3.The Inspector of Police, Kallikudi Police Station, Madurai District, Maduari.

2/4

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, NR(27.05.2020) 3P 5C 3/4