Arunkumar v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2020
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI Arunkumar ... Petitioner/A1 Vs The State rep. by, 1.The Deputy Superintendent of Police, Thirumangalam, Madurai District.
2.The Inspector of Police, Kallikudi Police Station, Madurai District.
(In Crime No.30 of 2020) ... Respondent / Complainant Prayer: Petition filed under Section 482 of the Criminal Procedure Code, to direct the III Additional District and Sessions Judge-cumSC/ST (Prevention of Atrocities) Act, (PCR Unit), Madurai to consider the bail application of the petitioner on the very same day of his surrender in Crime No.30 of 2020 dated 14.02.2020 on the file of the respondent police.
For Petitioner : Mr.S.Sivaprakash For Respondents : Mr.K.K.Ramakrishnan, Additional Public Prosecutor
ORDER
The petitioner is shown as accused No.1 in crime No.30 of 2020 registered on the file of the Inspector of Police, Kallikudi Police Station, Madurai District, for the offence under Sections 147, 148, 294(b), 323, 324, 307, 507, 506(ii) of IPC and under Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST (POA) Amendment Act, 2015.
2.The learned Counsel for the petitioner submits that the petitioner has been targeted by the respondent police in view of the friendship with one R.Kalanithi, who is doing business of transporting sand in Tipper lorry. As the said Kalanithi has refused to give bribe to the respondent police, the respondent police has falsely foisted a case against the petitioner. He further submitted that the petitioner is in no way connected with the alleged offence.
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3.The learned Additional Public Prosecutor, on instructions, submitted that the injured has been discharged. 4.Heard Mr.S.Sivaprakash, learned Counsel appearing for the petitioner and Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor appearing for the State.
5.Considering the rival submissions made on either side, the interest of justice will be served, permitting the petitioner to surrender as prayed for.
6.Accordingly, the petitioner is directed to surrender before the learned III Additional District and Sessions Judge-cum-SC/ST (Prevention of Atrocities) Act, (PCR Unit), Madurai, within a period of six weeks from the date of receipt of a copy of this order. In the event of the petitioner surrenders, the learned III Additional District and Sessions Judge-cum-SC/ST (Prevention of Atrocities) Act, (PCR Unit), Madurai, shall consider his bail application on the same day on merits in accordance with law. The petitioner shall file his surrender application three days prior to his date of surrender, so that the compliance as required under Section 15(A) of the SC/ST Act is complied with. In the meantime, if the petitioner is arrested the direction will become infructuous. Therefore, the respondent Police is restrained from arresting the petitioner for a period of six weeks.
7.This Criminal Original Petition is allowed on the above terms.
Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3
To 1.The III Additional District and Sessions Judge-cum-SC/ST (Prevention of Atrocities) Act, (PCR Unit), Madurai 2.The Deputy Superintendent of Police, Thirumangalam, Madurai District.
3.The Inspector of Police, Kallikudi Police Station, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
29.06.2020 SRM SDS (29.06.2020) 3P-5C 3/3