Madras High CourtCRL OP(MD)/5434/2020allowed

Sanmugasundaram v. The Deputy Superintendent Of Police

2020-05-21Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.5434 of 2020 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.5434 of 2020 Sanmugasundaram ... Petitioner /Accused No.2 Vs 1.The Deputy Superintendent of Police, Musiri, Trichy District. ... 1st Respondent/Investigation Officer 2.The Inspector of Police, Musiri Police Station, Trichy District. ... 2nd Respondent/Complainant 3.Vijaya ... 3rd Respondent/Defacto complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the 1st Additional Sessions Judge (Special Court for SC/ST Act Cases, PCR), Trichy to consider the bail application of the petitioner in Cr.No.1065 of 2020 on the same date of surrender and dispose of the same on its merits and in accordance with law. For Petitioner : Mr.R.Maheswaran For R1 & R2 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioner is shown as accused No.2 in Crime No.1065 of 2020 registered on the file of the Inspector of Police, Musiri Police Station, Trichy District, for the offences under Sections 294 (b), 506(i) of IPC r/w Sections 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Amendment) Act, 1989.

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 third respondent 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 https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.5434 of 2020 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 (CRL SIDE) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi NOTE: Due to lockdown situation, this order copy will be treated as true copy.

To 1.The Additional Sessions (Special Court for SC/ST Act Cases, PCR), Trichy 2.The Deputy Superintendent of Police, Musiri, Trichy District.

3.The Inspector of Police, Musiri Police Station, Trichy District.

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

Crl.O.P(MD)No.5434 of 2020 21.05.2020 VB(01.06.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4