Madras High CourtCRL OP(MD)/11847/2020disposed of

K.Santhi v. The Deputy Superintendent Of Police

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

Crl.O.P(MD)No.11847 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.11847 of 2020 K.Santhi ... Petitioner/Accused No.2 Vs 1.The Deputy Superintendant of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

(In Crime No.440 of 2020) 3.V.Alagar ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned trial Court namely Sessions Judge (PCR) Court, Sivagangai to consider the bail application of the petitioner in Crime No.440 of 2020 on the file of the second respondent on the same day by considering the relevant circumstances of the case by accepting her surrender before the said Court.

For Petitioner : Mr.C.M.Arumugam For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioner is shown as Accused No. 2 in Crime No.440 of 2020 registered on the file of the Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District, for the offences under Sections 294(b), 323 and 506(I) 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. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.11847 of 2020 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 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 (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 Sessions Judge (PCR) Court, Sivagangai. 2.The Deputy Superintendant of Police, Sivagangai, Sivagangai District.

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

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

Crl.O.P(MD)No.11847 of 2020 28.10.2020 SSS(CO) KM (05.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2