Madras High CourtCRL OP(MD)/5723/2020disposed of

N.Balasubramaiyan v. The Deputy Superintendent Of Police

2020-06-05Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.5723 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5723 of 2020 N.Balasubramaniyan

...Petitioner

Vs 1.State by Deputy Superintendent of Police, Omachikulam Circle, Maduari District.

2.The Inspector of Police, Silaiman Police Station, Madurai District, (Cr.No.234 of 2020) 3.Ayyankalai

...Respondents

PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned III Additional Sessions Judge (PCR ), Madurai, to accept the surrender of the petitioner in Crime No.234 of 2020 on the file of the respondent police and to consider the bail application on the same day.

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

ORDER

The petitioner is shown as accused No.3 in Crime No.234 of 2020 registered on the file of the Inspector of Police, Silaiman Police Station, Madurai District, for the offences under Sections 294(b), 324, 341 and 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.

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/ 1/4

Crl.O.P.(MD)No.5723 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 (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) Rmi To 1.The Third Additional Sessions Judge (PCR ), Madurai. 2.The Deputy Superintendent of Police, Omachikulam Circle, Maduari District.

3.The 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.5723 of 2020 05.06.2020 KB(12.06.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4