Madras High CourtCRL OP(MD)/5487/2020allowed

Karthikeyan v. The Deputy Superintendent Of Police

2020-05-28Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.5487 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.05.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5487 of 2020 Karthikeyan ... Petitioner/Sole Accused Vs 1.The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

2.The Inspector of Police, Orathanadu Police Station, Thanjavur District.

Crime No.966 of 2020

...Respondents 1&2/Complainants

3.Palanichamy ...3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned I Additional District and Sessions Judge (Protection of Civil Rights), Thanjavur to accept the surrender of the petitioner and to consider the bail application to be filed by the petitioner on the same day in Cr.No.966 of 2020 on the file of the second respondent police.

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

ORDER

The petitioner is the sole accused in Crime No.966 of 2020 registered on the file of the Inspector of Police, Orathanadu Police Station, Thanjavur District, for the offences under Sections 294(b), 341, 355, 352, 353, 379 and 506(ii) of IPC r/w Sections 3(1)(r)(s), 3(2)(va) 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.5487 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 (CS-II) // 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 First Additional District and Sessions Judge (Protection of Civil Rights), Thanjavur.

2.The Deputy Superintendent of Police, Orathanadu, Thanjavur District.

3.The Inspector of Police, Orathanadu Police Station, Thanjavur District.

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

Crl.O.P(MD)No.5487 of 2020 28.05.2020 AP(05/06/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4