Madras High CourtCRL OP(MD)/5547/2020allowed

Arul Stalin v. Deputy Superintendent Of Police

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

Crl.O.P.(MD)No.5547 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.5547 of 2020 Arul Stalin ... Petitioner/solo Accused Vs 1.The Deputy Superintendent of Police, Sivagangai Taluk, Sivagangai District.

2.The State Rep. by its Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

(Cr.No.262 of 2020) ...Respondents/complainant 3.Dravidan

...Respondent/Defacto Complainant

PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the District and Sessions Judge (PCR Cases), Sivagangai, to consider the bail application on the surrender of the petitioner/accused on the same day in Cr.No.262 of 2020 on the file of the respondent police, on merits on the same day. For Petitioner : Mr.Jeyakumaran For R1 & R2 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioner is the sole accused in Crime No.262 of 2020 registered on the file of the Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District, for the offences under Sections 294(b), 324 and 506(ii) of IPC r/w Sections 3(1)(s) and 3(1)(r) of the Scheduled Castes and 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 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5547 of 2020 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 (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi To 1.The District and Sessions Judge (PCR Cases), Sivagangai. 2.The Deputy Superintendent of Police, Sivagangai Taluk, Sivagangai District.

3.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

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

+1 CC to M/s.J.JEYAKUMARAN, Advocate ( SR-13007[F] dated 01/06/2020 ) Crl.O.P(MD)No.5547 of 2020 28.05.2020 KB(09.06.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2