Madras High CourtCRL OP(MD)/5559/2020allowed

Sithar @ Sitharkumar v. Deputy Superintendent Of Police

2020-05-29Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.5559 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.05.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5559 of 2020 Sithar @ Sitharkumar ... Petitioner/Accused No 1 Vs 1.The Deputy Superintendent of Police, Oomachikulam Sub Division, Madurai District.

2.The Sub Inspector of Police, Silaiman Police Station, Madurai District.

(Crime No.234 of 2020) ...Respondent/Complainant 3.Ayyankalai ... Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to direct the learned IIIrd Additional District Jude, (PCR Cases), Madurai, to accept the surrender of the petitioners and consider the in bail application on the same day on merits in relating to Crime No.234 of 2020, dated 14.04.2020 on the file of the second respondent police.

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

ORDER

The petitioner is shown as accused No.1 in Crime No.234 of 2020 registered on the file of the Sub Inspector of Police, Silaiman Police Station, Madurai District, for the offences under Sections 341, 294(b), 324 and 506(ii) of IPC r/w Sections 3(1)(s), 3 (1)(r) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 2.The learned counsel appearing for the petitioners 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.5559 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 () // True Copy // / /2020 Sub Assistant Registrar(CS) rmi To 1.The Third Additional District Jude, (PCR Cases), Madurai. 2.The Deputy Superintendent of Police, Oomachikulam Sub Division, Madurai District.

3.The Sub Inspector of Police, Silaiman Police Station, Madurai District.

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

Crl.O.P(MD)No.5559 of 2020 29.05.2020 KB(09/06/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2