Madras High CourtCRL OP(MD)/11134/2020disposed of

M.Vinothkumar v. The Deputy Superintendent Of Police

2020-10-12Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.11134 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11134 of 2020 M.Vinoth Kumar ... Petitioner/Accused No.2 Vs 1.The Deputy Superintendent of Police, Kalayarkovil Sub Division, Sivagangai District.

2.The Sub-Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

(Crime No.384/2020) ... Respondents 3.A.Rajamanickam ... Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned Sessions Judge, Special Court for PCR Act Cases, Sivagangai to consider the petitioner's bail application on merits on the date of surrender on the same day in Crime No.3844 of 2019 on the file of the Kalayarkovil Police Station, Sivagangai District.

For Petitioner : Mr.S.Ramsundar Vijayraj for M/s.Veera Associates.

For R1 & R2 : Mr.S.E.Veronica Vincent Government Advocate.

ORDER

The petitioner is shown as accused No.2 in Crime No. 384 of 2020 registered on the file of theSub-Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District, for the offences under Sections 143,153A(1) a, 153B, 294(b), 505(1)(b), 505(2) of IPC r/w 67 of IT Act 2000 and Section 3(1)(r), 3(1)(u), 3(1)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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 respondents 3 to 6 is dispensed with.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.11134 of 2020 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 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 disposed of on these terms.

Sd/- Assistant Registrar (P&A) // 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 Sessions Judge,The Special District and Sessions Court (PCR Court),Sivagangai.

2.The Deputy Superintendent of Police, Kalayarkovil Sub Division, Sivagangai District.

3.The Sub-Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

(Crime No.384/2020) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.VEERA ASSOCIATES,Advocate(SR-19711[F] dated 12/10/2020) Crl.O.P(MD)No.11134 of 2020 12.10.2020 NS(CO) AP(19/10/2020) 2 P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2