Madras High CourtCRL OP(MD)/5467/2020allowed

Mookkayi v. The Deputy Superintendent Of Police

2020-05-26Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.5467 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.05.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5467 of 2020 1.Mookkayi, w/o Subbaiya 2.Mookkayi, w/o Uthirasu ... Petitioners/Accused 3 & 4 Vs 1.State rep. by its The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Natham Taluk, Dindigul District.

2.State rep. by its The Sub Inspector of Police, Natham Police Station, Dindigul District, Crime No.328 of 2020.

3.Balakrishnan ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned Additional Session Judge cum Special Judge, PCR Court, Dindigul, to pass an order on bail petition filed by the petitioners on the same day of surrender in Crime No.328 of 2020 on the file of the Inspector of Police, Natham Police Station, Dindigul District.

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

ORDER

The petitioners are shown as accused Nos.3 and 4 in Crime No.328 of 2020 registered on the file of the Inspector of Police, Natham Police Station, Dindigul District, for the offences under Sections 294(b), 323, 324, 454, 379 and 506(2) of IPC r/w Sections 3(2)(va) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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.5467 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 petitioners 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 petitioners' bail petition on the same day of surrender. Since this direction will become infructuous, if the petitioners are arrested in the meanwhile, the respondents 1 and 2 are restrained from arresting the petitioners 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 Session Judge cum Special Judge, PCR Court, Dindigul, 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Natham Taluk, Dindigul District.

3.The Sub Inspector of Police, Natham Police Station, Dindigul District, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.5467 of 2020 26.05.2020 AP(01/06/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4