Madras High CourtCRL OP(MD)/11224/2020disposed of

M.Nagajothy, v. The Deputy Superitendent Of Police

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

Crl.O.P(MD)No.11224 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.11224 of 2020 M.Nagajothy ... Petitioner/A2 Vs 1.The State rep by The Deputy Superintendent of Police, Sivagangai.

2.The Inspector of Police, Sivagangai Town, Sivagangai District.

...Respondents/Complainants

3.Karthikeyan 4.Sundari

...Respondents/Accused No.1&3

5.Indragandhi ... Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned District and Sessions Judge/PCR cases, Sivagangai District to consider the bail application of the petitioner on the same day on merits in the event of their surrender in connection with Crime No.827 of 2020 on the file of the respondent.

For Petitioner : Mr.M.S.Parthiban For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioner is shown as Accused No.2 in Crime No.827 of 2020 registered on the file of the Inspector of Police, Sivagangai Town Police Station, Sivagangai District, for the offence under Section 306 of IPC r/w Sections 3(1)(s), 3(1)(r) and 3(2)(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 5 is dispensed with.

4.I am of the view that interest of justice will be served by permitting the petitioner to surrender before the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.11224 of 2020 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 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 District and Sessions Judge/PCR cases, Sivagangai District.

2.The Deputy Superintendent of Police, Sivagangai.

3.The Inspector of Police, Sivagangai Town, Sivagangai District.

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

+1 CC to Mr.M.S. PARTHIBAN, Advocate ( SR-20074[F] dated 14/10/2020 ) Crl.O.P(MD)No.11224 of 2020 13.10.2020 NS(CO) KM (19.10.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2