S.Pramanayagam @ Brammanayagam v. The Deputy Superintendent Of Police

Crl.O.P.(MD)No.5532 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.5532 of 2020 S.Pramanayagam @ Brammanayagam ... Petitioner/Accused 2 Vs 1.The Deputy Superintendent of Police, Ambasamudram, Tirunelveli District.

2.State: rep.

by Inspector of Police, Pappakudi Police Station, Tirunelveli District.

(Crime No.198 of 2020)

...Respondents 1&2/Complainant

3.M.Esakkimuthu ...3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned Second Additional District and Sessions Judge, Tirunelveli (PCR Court Special Court for Exclusively triable of cases under SC/ST) (Prevention of Atrocities) Act, to consider the bail petition of the petitioner on the same day on his surrender in connection with Crime No.198 of 2020 on the file of the second respondent police.

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

ORDER

The petitioner is shown as accused No.2 in Crime No.198 of 2020 registered on the file of the Inspector of Police, Pappakudi Police Station, Tirunelveli District, for the offences under Sections 341, 294(b), 352, 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, 1989.

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.

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Crl.O.P.(MD)No.5532 of 2020 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 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 Second Additional District and Sessions Judge, Tirunelveli. 2.The Deputy Superintendent of Police, Ambasamudram, Tirunelveli District.

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

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

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