Madras High CourtCRL OP(MD)/11281/2020disposed of

Nagalingam v. The Assistant Commissioner Of Police

2020-10-13Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.Nagalingam 2.Pulithevan 3.Muniyasamy 4.Ramar 5.Lakshmanan ... Petitioners/A1, A2, A3, A5 and A6 Vs 1.The Assistant Commissioner of Police, Gandhi Market, Trichy City, Trichy City.

2.The Inspector of Police, Gandhi Market Police Station, Trichy City, Trichy District.

(Crime No.1202/2020) 3.D.Vanavarayan ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned I Additional District and Sessions Judge (Special Court for SC/ST (Prevention of Atrocities) Act cases), Trichy, to consider the bail application of the petitioners on the same day of their surrender in Crime No.1202/2020 on the file fo the respondent.

For Petitioner : Mr.R.Karthikeyan For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioners are shown as Accused Nos.1, 2,3,5 and 6 in Crime No.1202 of 2020 registered on the file of the Inspector of Police, Gandhi Market Police Station, Trichy District, for the offences under Sections 147, 148, 294(b), 326 and 506(2) of IPC r/w Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 1/3

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.

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.First Additional District and Sessions Judge (Special Court for SC/ST (Prevention of Atrocities) Act cases), Trichy. 2.The Assistant Commissioner of Police, Gandhi Market, Trichy City, Trichy City.

3.The Inspector of Police, Gandhi Market Police Station, Trichy City, Trichy District.

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

+1 CC to M/s.R. KARTHIKEYAN, Advocate ( SR-19929[F] dated 13/10/2020 13.10.2020 NS(CO) NR (19/10/2020) 3P : 6C 3/3