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Madras High CourtCRL OP(MD)/5500/2020allowed

K.Aravind v. The Deputy Superintendent Of Police

2020-05-27Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.5500 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.5500 of 2020 1.K.Aravind 2.V.Siva 3.Saravanakumar 4.S.Aravind 5.Selva Thangavel 6.Kannan 7.Ramachandran ... Petitioners Vs 1.The Deputy Superintendent of Police, Valliyur Division, Tirunelveli District.

2.The Inspector of Police, Thisaiyanvilai Police Station, Tirunelveli District.

... Respondent 1 & 2 / Complainant 3.Senthurpandi ...3rd Respondent / Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Second Additional District Sessions Judge, Tirunelveli (Special Court for exclusively triable cases under SC/ST (Prevention of Atrocities) Act), to consider the bail petition of the petitioners on the same day on their surrender in connection with Crime No.145 of 2020 on the file of the second respondent police. For Petitioners: Mr.A.Mohan For R1 & R2 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioners are shown as accused in Crime No.145 of 2020 registered on the file of the Inspector of Police, Thisaiyanvilai Police Station, Tirunelveli District, for the offences under Sections 147, 148, 294(b), 323, 324 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 petitioners reiterated the contentions set out in the original petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.5500 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 () // True Copy // / /2020 Sub Assistant Registrar(CS) 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 Sessions Judge, Tirunelveli 2.The Deputy Superintendent of Police, Valliyur Division, Tirunelveli District.

3.The Inspector of Police, Thisaiyanvilai Police Station, Tirunelveli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P(MD)No.5500 of 2020 27.05.2020 rmi SDS (03.06.2020) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2