Nagarajan v. The Assistant Commissioner Of Police

Crl.O.P.(MD)No.5483 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.05.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5483 of 2020 Nagarajan ... Petitioner/Accused No.1 Vs 1.The Assistant Commissioner of Police, Tirunelveli (Law and Order) Town, Tirunelveli City.

2.The Inspector of Police, Pettai Police Station, Tirunelveli City, (Crime No.268 of 2020)

...Respondent 1 & 2/Complainant

3.Manikandan ...3rd Respondents/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second Additional District and Sessions Judge (PCR Court), Tirunelveli to accept the surrender of the petitioner and consider his bail application on the same day on merits in relating to Crime No.268 of 2020 on the file of the second respondent police. For Petitioner : Mr.J.Ashok For R1 & R2 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioner is shown as A1 in Crime No.268 of 2020 registered on the file of the Inspector of Police, Pettai Police Station, Tirunelveli City, for the offences under Sections 294(b), 323, 307 and 506(ii) of IPC r/w Sections 3(1)(r), 3(1)(s) and 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) 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 Special Court within a period of eight weeks from the date of receipt of a copy of this order. The learned Special Judge will https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.5483 of 2020 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, soft copy of this order hosted on the website of the Court will be treated as true copy. To 1.The Second Additional District and Sessions Judge (PCR Court), Tirunelveli.

2.The Assistant Commissioner of Police, Tirunelveli (Law and Order) Town, Tirunelveli City.

3.The Inspector of Police, Pettai Police Station, Tirunelveli City, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.5483 of 2020 27.05.2020 AP(04/06/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4