Madras High CourtCRL OP(MD)/10967/2020disposed of

Muthusamy v. The Deputy Superintendent Of Police

2020-10-08Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.10967 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.10967 of 2020 1.Muthusamy 2.Prabhu @ Prabakaran ... Petitioner/A1 & A2 Vs 1.The Deputy Superintendent of Police, O/o Deputy Superintendent of Police, Devakottai, Sivagangai District.

2.The Inspector of Police, Aravayal Police Station, Aravayal, Sivagangai District.

In Crime No.183/2020 ... Respondents 1 & 2 / Complainant 3.Ramalingam ... 3rd Respondent / Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to permit the petitioners to surrender before the learned PCR Court, Sivagangai in connection with Crime No.183 of 2020 on the file of the respondent Police and file an application for the grant of bail on the same day and in the event of filing the same, the said application may be directed to be considered on the same day on merits and accordance with law forthwith.

For Petitioner : Mr.S.P.Prabakaran For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioners are shown as accused Nos.1 and 2 in Crime No.183 of 2020 registered on the file of the Inspector of Police, Aravayal Police Station, Sivagangai District, for the offences under Sections 294(b), 353 and 506(2) of IPC r/w Sections 3(1)(s) and 3(1)(r) 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.10967 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 petitioner's 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-II) // True Copy // / /2020 Sub Assistant Registrar(CS) 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, PCR Court, Sivagangai.

2.The Deputy Superintendent of Police, O/o Deputy Superintendent of Police, Devakottai, Sivagangai District.

3.The Inspector of Police, Aravayal Police Station, Aravayal, Sivagangai District.

Copy to:

The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.S.P. PRABAKARAN, Advocate ( SR-19821[F] dated 12/10/2020 ) Crl.O.P(MD)No.10967 of 2020 07.10.2020 rmi SDS (19.10.2020) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/4