Madras High CourtCRL OP(MD)/11234/2020disposed of

Venkatesa Perumal v. The Deputy Superintendent Of Police

2020-10-13Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.11234 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11234 of 2020 Venkatesa Perumal ... Petitioner/A4 Vs 1.The Deputy Superintendent of Police, Nanguneri Circle, Tirunelveli District.

2.State represented through The Sub Inspector of Police, Eruvadi Police Station, Tirunelveli District.

(Crime No.371 of 2020) ...1st & 2nd Respondent/Complainant 3.Dinakaran ...3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the II Additional District and Sessions Court (Special Court for SC/ST (POA) Act cases), Tirunelveli to consider the petitioner's bail application on the date of her surrender in respect of Crime No.371 of 2020 on the file of the second respondent police and grant the same on the very same day. For Petitioner : Mr.P.R.Prithiviraj For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioner is shown as Accused No.4 in Crime No.371 of 2020 registered on the file of the Inspector of Police, Eruvadi Police Station, Tirunelveli District, for the offences under Sections 341, 147, 148, 294(b), 323, 324 and 506(2) of IPC r/w Sections 3(1)(s), 3(1)(r) and 3(2)(va) 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 third respondent is dispensed with.

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

Crl.O.P(MD)No.11234 of 2020 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 allowed on these terms.

Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi Note: In view of the present lock down owing to COVID19 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 and Sessions Judge, (Special Court for SC/ST (POA) Act cases), Tirunelveli.

2.The Deputy Superintendent of Police, Nanguneri Circle, Tirunelveli District.

3.The Sub Inspector of Police, Eruvadi Police Station, Tirunelveli District.

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

Crl.O.P(MD)No.11234 of 2020 13.10.2020 NS(CO) KM (19.10.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2