Madras High CourtCRL OP(MD)/11222/2020disposed of

Kubendran@Gupendran v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD)No.11222 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.11222 of 2020 1.Kubendran 2.Murugan ... Petitioners/ A1 & A2 Vs 1.The Deputy Superintendent of Police, Dindigul Rural, Dindigul.

2.State rep. by The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

(Crime No.1112 of 2020) ... Respondents 1&2/Complainants 3.Rettinagiri ... 3rd Respondent/Defacto Complainants PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Principal District and Sessions Court/Special Court for SC/ST Act, Dindigul District to accept the surrender of the petitioner along with the bail application in Cr.No.1112 of 2020 on the file of the second respondent police herein and to dispose the bail application on the same day on merits.

For Petitioner :

Mr.K.Muruganathan For R1 & R2 :

Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioners are shown as Accused Nos.1 and 2 in Crime No.1112 of 2020 registered on the file of the Inspector of Police, Dindigul Taluk Police Station, Dindigul District, for the offences under Sections 294(b) and 323 of IPC r/w Section 3(2)(va) 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.11222 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 (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi 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 Court/Special Judge for SC/ST Act,Dindigul District.

2.The Deputy Superintendent of Police, Dindigul Rural, Dindigul.

3.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

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

Crl.O.P(MD)No.11222 of 2020 13.10.2020 NS(CO) AP(19/10/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2