Madras High CourtCRL OP(MD)/5656/2020allowed

M. Nambiselvi v. The Deputy Superintendent Of Police

2020-06-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.5656 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5656 of 2020 M.Namiselvi

...Petitioner/Solo Accused

Vs The Inspector of Police, Medical College Police Station, Tirunelveli City.

(Crime No.133 of 2020)

...Respondent/Complainant

PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Special Judge for SC & ST Act Cases / Principal Sessions Court, Tirunelveli to consider the bail petition to be filed by the petitioner on their surrender on the same day on merits in connection with the case in Crime No.133 of 2020 pending investigation on the file of the respondent police. For Petitioner : Mr.P.Gokulnaath For Respondent : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioner is the sole accused in Crime No.133 of 2020 registered on the file of the Inspector of Police, Medical College Police Station, Tirunelveli District, for the offences under Sections 294(b) 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, 1989. 2.The learned counsel appearing for the petitioner reiterated the contentions set out in the original petition. 3.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.

4. This Criminal Original Petition is allowed on these terms Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5656 of 2020 rmi To 1.The Special Judge for SC & ST Act cases / Principal Sessions Court, Tirunelveli.

2.The Inspector of Police, Medical College Police Station, Tirunelveli City.

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

Crl.O.P(MD)No.5656 of 2020 03.06.2020 KB(10.06.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2