Madras High CourtCRL OP(MD)/5449/2020allowed

Kannan v. The Deputy Superintendent Of Police

2020-05-22Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.5449 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.05.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5449 of 2020 Kannan ... Petitioner/Sole Accused Vs 1.The Deputy Superintendent of Police, Sivagangai Division, Sivagangi District.

2.The Inspector of Police, Kalayarkovil Police Station, Sivagangai District.

...Respondents 1&2 /Complainants

3.Selvam ... Respondent 3/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Sessions Judge, Sivagangai, (Special Court for exclusively triable of cases under SC/ST (Prevention of Atrocities) Act, to consider the bail petition of the petitioner on the same day of his surrender in connection with Crime No.343 of 2020 on the file of the second respondent police.

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

ORDER

The petitioner is an accused in Crime No.343 of 2020 registered on the file of the Inspector of Police, Kalayarkovil Police Station, Sivagangai District, for the offences under Section 324 of IPC r/w Sections 3(1)(r), 3(1)(s) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities), Amendment Act, 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 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.5449 of 2020 Special Court within a 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 (Records) // 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 Sessions Judge, Special Court for SC/ST (POA) Act, Sivagangai.

2.The Deputy Superintendent of Police, Sivagangai Division, Sivagangi District.

3.The Inspector of Police, Kalayarkovil Police Station, Sivagangai District.

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

Crl.O.P(MD)No.5449 of 2020 22.05.2020 AP(29/05/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4