Madras High CourtCRL OP(MD)/5453/2020allowed

Arjunan v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD)No.5453 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.5453 of 2020 1.Arjunan 2.Mohan ... Petitioners/Accused Nos.1 & 2 Vs 1.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Thiruchuli Division, Virudhunagar District.

2.The Inspector of Police, Narikudi Police Station, Virudhunagar District.

(In Crime No.42 of 2020)

...Respondent 1 & 2/

Complainant 3.Arumugam ...3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989), Virudhunagar at Srivilliputhur to accept the surrender of the petitioners and consider the petitioner's bail application and grant bail on the same day of surrender itself in Crime No.42 of 2020, dated 26.03.2020 on the file of the second respondent police.

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

ORDER

The petitioners are shown as accused No.1 & 2 in Crime No.42 of 2020 registered on the file of the Inspector of Police, Narikudi Police Station, Virudhunagar District, for the offences under Sections 294(b), 323, 506(i) of IPC r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and Section 3(i)(r), 3(i)(s), 3(2)(va) of SC/ST (POA) Ordinance Act, 2015.

2.The learned counsel appearing for the petitioners reiterated the contentions set out in the original petition. https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.5453 of 2020 3.The petitioner's counsel states that the first petitioner Arjunan was already arrested. Therefore, this petition is closed as infructuous as far as he is concerned.

4.Considering the present times, notice to the third respondent is dispensed with.

5.I am of the view that interest of justice will be served by permitting the second petitioner to surrender before the jurisdictional 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 second petitioner's bail petition on the same day of surrender. Since this direction will become infructuous, if the second petitioner is arrested in the meanwhile, the respondents 1 and 2 are restrained from arresting the second petitioner till the expiry of the period of eight weeks.

6. This Criminal Original Petition is allowed on these terms as regards the second petitioner.

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 Principal District and Sessions Judge, (Special Court for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989), Virudhunagar at Srivilliputhur.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Thiruchuli Division,Virudhunagar District.

3.The Inspector of Police, Narikudi Police Station,Virudhunagar District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

Crl.O.P(MD)No.5453 of 2020 22.05.2020 AP(01/06/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4