Madras High CourtCRL OP(MD)/5454/2020allowed

Guruprasad @ Rajiv Yadav v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD)No.5454 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.5454 of 2020 Guruprasad @ Rajiv Yadav ... Petitioner /1st Accused Vs 1.The Deputy Superintendent of Police, Keelakarai Sub Division, Ramanathapuram District.

2.The Inspector of Police, Sikkal Police Station, Ramanathapuram District.

(Crime No.100 of 2020) 3.Vellaichamy ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the District and Sessions Judge, (PCR Court), Ramanathapuram, to consider the petitioner bail application on the same day of his surrender in Crime No.100 of 2020 on the file of the second respondent police.

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

ORDER

The petitioner is shown as accused No.1 in Crime No.100 of 2020 registered on the file of the Inspector of Police, Sikkal Police Station, Ramanathapuram District, for the offences under Section 147, 148, 341, 294(b), 323, 324, 506(ii) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Amendment Act, 2015.

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

Crl.O.P.(MD)No.5454 of 2020 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 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 (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) NOTE:Due to lockdown situation, this order copy will be treated as true copy.

To 1.The District and Sessions Judge, (PCR Court), Ramanathapuram. 2.The Deputy Superintendent of Police, Keelakarai Sub Division, Ramanathapuram District.

3.The Inspector of Police, Sikkal Police Station, Ramanathapuram District.

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

Crl.O.P(MD)No.5454 of 2020 22.05.2020 rmi SDS (02.06.2020) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/4