Pandi v. The Deputy Superintendent Of Police

Crl.O.P.(MD)No.11058 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.11058 of 2020 1.Pandi 2.Nagaraj 3.Thangapandi @ Sethupathy Thangapandi

...Petitioners/Accused Nos.1 to 3

Vs.

State rep.by 1.The Deputy Superintendent of Police, Aruppukkottai, Virudhunagar District.

2.The Inspector of Police, All Women Police Station, Aruppukkottai, Virudhunagar District.

(Crime No.11 of 2020)

...Respondents 1 & 2/Complainant

3.Ponmalar ... 3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Principal District and Sessions Judge (PCR) Cases, Srivilliputhur at Virudhunagar District to accept the surrender and consider the bail petition to be filed by the petitioner in Crime No.11 of 2020 on the file of the respondent police on the same day on merits.

For Petitioners :

Mr.A.S.Rajeswari For R1 & R2 :

Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioners are shown as accused Nos. 1 to 3 in Crime No.11 of 2020 registered on the file of the Inspector of Police, All Women Police Station, Aruppukkottai, Virudhunagar District, for the offences under Sections 341, 294(b), 354, 506(i), 447 IPC r/w 4 of Tamil Nadu Prohibition of Harassment of Women Act and 3(1)(w) (I), 3

(1) (r), 3 (1) (s) and 3 (2) (va) of SC/ST (POA) 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 third respondent is dispensed with.

https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.11058 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-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 Principal District and Sessions Judge (PCR) Cases, Srivilliputhur at Virudhunagar District 2.The Deputy Superintendent of Police, Aruppukkottai, Virudhunagar District.

3.The Inspector of Police, All Women Police Station, Aruppukkottai, Virudhunagar District.

Copy To:- The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.S.RAJESWARI,Advocate ( SR-19680[F] dated 12/10/2020 ) Crl.O.P(MD)No.11058 of 2020 09.10.2020 SRK(CO) AP(16/10/2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/4