Madras High CourtCRL OP(MD)/11853/2020disposed of

K.Suriya v. The Deputy Superintendent Of Police

2020-10-28Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.11853 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11853 of 2020 1.K.Suriya 2.Ajith ... Petitioners/ Accused Nos.1 & 2 Vs 1.The Deputy Superintendant of Police, Samayanallur, Madurai District.

2.The Inspector of Police, Alanganallur Police Station, Madurai District, (Crime No.1728 of 2020) ... Respondents 1 & 2/Complainants 3.Eswari ...3rd Respondents/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 petitioners on the same day of their surrender in Crime No.1728 of 2020 on the file of the second respondent police.

For Petitioners : Mr.M.Mahendran For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioners are shown as Accused Nos.1 & 2 in Crime No.1728 of 2020 registered on the file of the Inspector of Police, Alaganallur Police Station, Madurai District, for the offences under Sections 294(b), 324 and 506(ii) of IPC and Section 4 of Tamilnadu Prohibition of Women Harassment Act 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. 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 four weeks from the date of receipt https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.11853 of 2020 of a copy of this order. The learned Special Judge will dispose of the petitioners' 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 four weeks.

5. This Criminal Original Petition is allowed on these terms. Sd/- Assistant Registrar (CS-II) // 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 III Additional District and Sessions Judge (PCR Cases), Madurai.

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

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

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

Crl.O.P(MD)No.11853 of 2020 28.10.2020 VB (05.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4