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Madras High CourtCRL OP(MD)/10961/2020disposed of

Vengatesan v. The Deputy Superintendent Of Police

2020-10-07Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.10961 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.10961 of 2020 1.Vengatesan 2.Backiyaselvi 3.Pauldurai 4.Jaya : Petitioners/Accused No.1 to 4 Vs

1. State rep by The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.

2. The Sub Inspector of Police, Radhapuram Police Station, Tirunelveli District.

(Crime No.175 of 2020) : Respondent Nos.1 & 2/Complainants

3. Esakkiammal : 3rd Respondent/De-facto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned II Additional District Judge Cum P.C.R.Court, Tirunelveli to accept the surrender of the petitioners and consider the bail applications on the date of surrender in connection with Cr.No.175 of 2020 on the file of the respondent police. For Petitioners : Mr.S.Vinayak For R1 & R2 : Mr.V.Neelakandan, Additional Public Prosecutor.

O R D E R

The petitioners are shown as accused Nos.1 to 4 in Crime No.175 of 2020 registered on the file of the Sub Inspector of Police, Radhapuram Police Station, Tirunelveli District, for the offences under Sections 341, 294(b), and 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 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.

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Crl.O.P(MD)No.10961 of 2020 4.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 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-I) // 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 II Additional District Judge(P.C.R. Court), Tirunelveli.

2. The Principal District Judge, Tirunelveli.

3. The Deputy Superintendent of Police, Valliyoor, Tirunelveli District.

4. The Sub Inspector of Police, Radhapuram Police Station, Tirunelveli District.

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

+1 CC to Mr.S.VINAYAK, Advocate ( SR-19350[F] dated 07/10/2020 ) Crl.O.P(MD)No.10961 of 2020 07.10.2020 NS(CO) CS(16.10.2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2