Madras High CourtCRL OP(MD)/5641/2020allowed

Prakash v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD)No.5641 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.5641 of 2020 1.Prakash 2.Sathish @ Sathishkumar ...Petitioners/Accused Nos 2&3 Vs 1.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Kulithalai, Karur District.

2.The Inspector of Police, Mayanur Police Station, Mayanur, Karur District.

(In Crime No.289 of 2020) ...1st&2nd Respondent/Complainant 3.Rukkumani ...3rd Respondents/Defacto Complainant 4.Rengasamy ...4th Respondent/Victim PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge (Special Court for Scheduled Castes and Scheduled Tribes) (Prevention of Atrocities) Act, 1989, Karur District to accept the surrender of the petitioners and consider the petitioner's bail application and grant bail on the same date of surrender itself in Crime No.289 of 2020, dated 19.05.2020 on the file of the second respondent police.

For Petitioners : Mr.K.Arunraj For R1 & R2 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioners are shown as accused Nos.2 & 3 in Crime No.289 of 2020 registered on the file of the Inspector of Police, Mayanur Police Station, Karur District, for the offences under Sections 294(b), 323 and 354 IPC r/w Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002 and 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. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5641 of 2020 3.Considering the present times, notice to the respondents 3 & 4 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 (crl.side) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi To 1.The Principal District and Sessions Judge, Karur. Special court for schedules cates and scheduled tribes (prevention of atrocities) Act.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Kulithalai, Karur District.

3.The Inspector of Police, Mayanur Police Station, Mayanur, Karur District.

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

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-13113[F] dated 05/06/2020 ) Crl.O.P(MD)No.5641 of 2020 03.06.2020 KB(10.06.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2