Madras High CourtCRL OP(MD)/11778/2020disposed of

Bharathamadha v. The Deputy Superintendent Of Police

2020-10-28Honourable Mr Justice G.R.Swaminathan3 pages

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.11778 of 2020 1.Bharathamadha 2.Sargunam 3.Madhankumar 4.Mohan ... Petitioners/Accused Nos.1 to 4 Vs 1.The Deputy Superintendant of Police, Keezhakarai Sub Division, Ramanathapuram District.

2.The Inspector of Police, Sayalkudi Police Station, Ramanathapuram Distrit.

(in Crime No.392 of 2020) 3.Muneeswari ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned Special Court for the Exclusive Trial of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Ramanathapuram to accept the surrender of the petitioners and consider the petitioner's bail application and grant bail on the same date of surrender itself in Crime No.392 of 2020, dated 04.10.2020 on the file of the second respondent police. For Petitioners : Mr.C.Mayil Vahana Rajendran For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioners are shown as Accused Nos.1 to 4 in Crime No.392 of 2020 registered on the file of the Inspector of Police, Sayalkudi Police Station, Ramanathapuram District, for the offences under Sections 147, 148, 294(b), 323, 427 and 506(2) of IPC and Section 4 of Tamilnadu Prohibition of Women Harassment Act 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 four weeks from the date of receipt 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 Special Court for the Exclusive Trial of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Ramanathapuram. 2.The Deputy Superintendant of Police, Keezhakarai Sub Division, Ramanathapuram District.

3.The Inspector of Police, Sayalkudi Police Station, Ramanathapuram Distrit.

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

Crl.O.P(MD)No.11778 of 2020 28.10.2020 sss(CO) TR(05.11.2020) 3P 5C 3/3