Madras High CourtCRL OP(MD)/11109/2020disposed of

Kannan v. The Deputy Superintendent Of Police

2020-10-09Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P(MD)No.11109 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11109 of 2020 Kannan ... Petitioner /Accused No.2 Vs.

1.The Deputy Superintendent of Police, Natham, Dindigul District.

2.The Inspector of Police, Natham Police Station, Natham, Dindigul District.

(Crime No.648 of 2015) ... Respondent 1 & 2/Complainants 3.Packiaraj ... 3rd Respondent/Victim/Defacto-Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Sessions and Special Court for SC/ST (POA) Act, Dindigul to accept the surrender of the Petitioner/Accused No.2 and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.648 of 2015 on the file of the second respondent police.

For Petitioner : Mr.T.Veerakumar For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioner is shown as accused No. 2 in Crime No.648 of 2015 registered on the file of the The Inspector of Police, Natham Police Station, Natham, Dindigul District, for the offences under Sections 294(b), 341, 324 of IPC and 3 (1)(x) of SC/St (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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.11109 of 2020 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.

5. This Criminal Original Petition is allowed on these terms. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) das 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 Judge, Sessions and Special Court for SC/ST (POA) Act, Dindigul. 2.The Deputy Superintendent of Police, Natham, Dindigul District.

3.The Inspector of Police, Natham Police Station, Natham, Dindigul District.

Copy to:

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

Crl.O.P(MD)No.11109 of 2020 09.10.2020 NR (15/10/2020) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2