Madras High CourtCRL OP(MD)/10949/2020disposed of

Manikandan v. The Deputy Superintendent Of Police

2020-10-07Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P(MD)No.10949 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.10949 of 2020 1.Manikandan, S/o.Mohan, 2.Manikandan, S/o.Sakthivel, 3.Sankar Pandian 4.Chandru ... Petitioners/Accused Nos.2,3,4&6 Vs 1.State rep by The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(Crime No.505 of 2020)

...Respondents 1&2/Complainant

3.Kannan ... 3rd Respondent/Defacto Complainant/ Victim PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Sessions Judge (Special Court for SC/ST Act), Ramanathapuram District to consider the bail application filed by the petitioners on the same day of surrender in Crime No.505 of 2020 on the file of the respondent police. For Petitioners: Mr.N.Jeyaram Sidharth For R1 & R2 : Mr.V.Neelakandan, Additional Public Prosecutor.

O R D E R

The petitioners are shown as accused Nos.2 to 4 and 6 in Crime No.505 of 2020 registered on the file of the Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District, for the offences under Sections 147, 148, 294(b), 323, 324, 506 (ii), 379(NH) and 307 of IPC r/w Sections 3(1)(r) and 3(1)(s) 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. 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 petitioners to surrender before the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.10949 of 2020 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 (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) ias 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 Sessions Judge (Special Court for SC/ST Act), Ramanathapuram District.

2.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.

3.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

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

Crl.O.P(MD)No.10949 of 2020 07.10.2020 MR(CO) KM (16.10.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2