Madras High CourtCRL OP(MD)/5497/2020allowed

Muthukumar v. The Deputy Superintendent Of Police

2020-05-28Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.5497 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.5497 of 2020 Muthukumar

...Petitioner/Accused No.2

Vs 1.The Deputy Superintendent of Police, Alangudi Post and Taluk, Pudukkottai District.

2.The Sub Inspector of Police, Karambakudi Police Station, Pudukkottai District.

(Cr.No.341 of 2020)

...Respondents 1&2/Complainants

3.Manoharan ...3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned Special Judge for PCR cases, (District and Sessions Judge), Pudukkottai to consider the bail application to be filed by the petitioner on the same day of surrender in Crime No.341 of 2020.

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

ORDER

The petitioner is shown as accused No.2 in Crime No.341 of 2020 registered on the file of the Sub Inspector of Police, Karambakudi Police Station, Pudukkottai District, for the offences under Sections 147, 148, 294(b), 324, 354 and 506(ii) of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 51 (b) of Disaster Management Act, 2005.

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.5497 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 Special Judge for PCR cases, (District and Sessions Judge), Pudukkottai.

2.The Deputy Superintendent of Police, Alangudi Post and Taluk, Pudukkottai District.

3.The Sub Inspector of Police, Karambakudi Police Station, Pudukkottai District.

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

Crl.O.P(MD)No.5497 of 2020 28.05.2020 AP(05/06/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4