Madras High CourtCRL OP(MD)/11159/2020disposed of

Senthilkumar v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD)No.11159 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.11159 of 2020

1. Senthilkumar

2. Durairaj Selvam : Petitioners/Accused Nos.1 & 2 Vs

1. The Deputy Superintendent of Police, Illuppur, Pudukkottai District.

2. The Sub-Inspector of Police, Annavasal Police Station, Pudukkottai District.

(Crime No.438 of 2020) : Respondents 1 & 2/Complainants

3. Bharathiraja : Respondent No.3/Defacto Complainant

4. Krishnamoorthy : Respondent No.4/Victim PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Sessions Judge for exclusive trial of SC/ST (Prevention of Atrocities) Act Cases, Pudukkottai to accept the surrender of the petitioners and consider the bail application of the petitioners on the very same day, in connection with Crime No.438 of 2020, on the file of the second respondent police. For Petitioners : Mr.J.Anandkumar For R1 & R2 : Mr.S.E.Veronica Vincent Government Advocate

O R D E R

The petitioners are shown as accused Nos.1 & 2 in Crime No.438 of 2020 registered on the file of the Sub-Inspector of Police, Annavasal Police Station, Pudukkottai District, for the offences under Sections 294(b), 324, 506(ii) of IPC r/w Sections 3(1)(r), 3 (1)(s), 3(2)(Va) of 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 respondents 3 & 4 is dispensed with.

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Crl.O.P.(MD)No.11159 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 petitioner till the expiry of the period of eight weeks.

5. This Criminal Original Petition is disposed of on these terms.

Sd/- Assistant Registrar (CS-III) // 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 Special District and Sessions Judge(PCR Court), Pudukkottai.

2. The Deputy Superintendent of Police, Illuppur, Pudukkottai District.

3. The Sub-Inspector of Police, Annavasal Police Station, Pudukkottai District.

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

Crl.O.P(MD)No.11159 of 2020 12.10.2020 SJ(CO) CS(19.10.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/