Madras High CourtCRL OP(MD)/11200/2020disposed of

Rajkumar v. The Deputy Superintendent Of Police

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

Crl.O.P(MD)No.11200 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.11200 of 2020 Rajkumar ... Petitioner/A1 Vs 1.The Deputy Superintendent of Police, Puliankudi, Tenkasi District.

2.The Inspector of Police, Sivagiri Police Station, Tirunelveli District.

(In Crime No.228/2020)

...Respondent 1&2/Complainant

3.Anantha Kumar ...3rd Respondent/Defacto Complainant 4.Ramesh ...4th Respondent/Injured PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Court of the second Additional District and Sessions Judge (PCR Court), Tirunelveli to consider the bail application of the petitioner in the case in Crime No.228/2020 on the file of the second respondent on the same date of surrender. For Petitioner : Mr.M.Jothi Basu For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioner is shown as Accused No.1 in Crime No.228 of 2020 registered on the file of the Inspector of Police, Sivagiri Police Station, Tirunelveli District, for the offences under Sections 147, 294(b), 323, 324 and 506(ii) 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 respondents 3 and 4 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 the date of receipt of a copy of this order. The learned Special https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.11200 of 2020 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.Second Additional District and Sessions Judge (PCR Court), Tirunelveli.

2.The Deputy Superintendent of Police, Puliankudi, Tenkasi District.

3.The Inspector of Police, Sivagiri Police Station, Tirunelveli District.

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

+1 CC to M/s.G.M.Law Office, Advocate ( SR-19823[F] dated 13/10/2020 ) Crl.O.P(MD)No.11200 of 2020 13.10.2020 NS(CO) KM (19.10.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2