Madras High CourtCRL OP(MD)/9865/2020disposed of

Kuvai @ Kupendran v. The Deputy Superintendent Of Police

2020-10-16Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.9865 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.9865 of 2020 1.Kuvai @ Kupendran 2.Vijaya ... Petitioners /Accused Vs 1.The Deputy Superintendent of Police, Theni Division, Theni District.

2.The Inspector of Police, Palanichettypatti Police Station Junction, Theni District.

(Crime No.1595 of 2020) ... 1st and 2ndRespondents /Complainants 3.Eswaran ... 3rdRespondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Special Court for Trial of Cases, under SC/ST(POA) Act, Theni to consider the Bail Petition of these petitioners in FIR No.1595/2020 registered on the file of respondent police on 06.07.2020 under Section 294(b), 324, 506(ii) of IPC r/w Section 3 (1)(r), 3(1)(s), 3(2)(Va) of SC/ST POA Act, 2015 on the same day of their surrender.

For Petitioners :

Mr.P.M.Vishnuvarthanan For R1 & R2 :

Mr.V.Neelakandan Additional Public Prosecutor For R3 :

Notice Dispensewith

O R D E R

The deletion of the second petitioner Vijaya is recalled and original cause title is maintained as such.

2.The petitioners are shown as accused in Crime No. 1595 of 2020 registered on the file of the Palanichettypatti Police Station Junction, Theni District, for the offences under Sections 294(b), 324, 506(ii) of IPC r/w Section 3(1)(r), 3(1)(s), (3(2)(Va) of SC/ST POA Act, 2015.

3.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.9865 of 2020 4.Considering the present times, notice to the third respondent is dispensed with.

5.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 four 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 four weeks.

6.This Criminal Original Petition is allowed on these terms. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) vrn 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.

To 1.The Special District and Sessions Court (PCR Court), Theni. 2.The Deputy Superintendent of Police, Theni Division, Theni District.

3.The Inspector of Police, Palanichettypatti Police Station Junction, Theni District.

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

+1 CC to M/s.P.M.VISHNUVARTHANAN,Advocate(SR-20631[F] dated 22/10/2020) Crl.O.P(MD)No.9865 of 2020 16.10.2020 AP(26/11/2020) 2 P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2