Madras High CourtCRL OP(MD)/11379/2020disposed of

Xavier @ Suresh v. The Deputy Superintendent Of Police

2020-10-15Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.11379 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11379 of 2020 Xavier @ Suresh ... Petitioner/Sole Accused Vs 1.The Deputy Superintendant of Police, Thirumangalam, Madurai District.

2.The Inspector of Police, Austinpatti Police Station, Madurai District. ...1st & 2nd Respondents/Complainants (Crime No.1583 of 2020) 3.Kalamani ... 3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the III Additional District and Sessions Judge (PCR Cases), Madurai to consider the bail application of the petitioner on the same day of his surrender in Crime No.1583 of 2020 on the file of the 2nd respondent police.

For Petitioner : Mr.S.Pakalavan For R1 & R2 : Mr.V.Neelakandan, Additional Public Prosecutor.

O R D E R

The petitioner is shown as sole accused in Crime No.1583 of 2020 registered on the file of the Inspector of Police, Austinpatti Police Station, Madurai District, for the offences under Sections 294(b) and 506(ii) of IPC r/w Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. 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 third respondent 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 four weeks from the date of receipt of a copy of this order. The learned Special Judge will dispose of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.11379 of 2020 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 four weeks.

5. This Criminal Original Petition is allowed on these terms. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) ias 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 III Additional District and Sessions Court (PCR Cases), Madurai.

2.The Deputy Superintendant of Police, Thirumangalam, Madurai District.

3.The Inspector of Police, Austinpatti Police Station, Madurai District.

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

Crl.O.P(MD)No.11379 of 2020 15.10.2020 VB (22.10.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2