Madras High CourtCRL OP(MD)/12386/2020disposed of

P.Harikaran@Hariharasudhan v. The Deputy Superintendent Of Police

2020-11-05Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.12386 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.12386 of 2020 1.P.Harikaran @ Hariharasudhan 2.K.Kuppusamy ... Petitioners/Accused Nos.1 & 7 Vs 1.The Deputy Superintendent of Police Oddanchathiram Taluk Dindigul District 2.The Inspector of Police Oddanchathiram Police Station Dindigul District (Crime No.2100 of 2020) ... Respondents 1 & 2 / Investigating Officers 3.Muthulakshmi ...3rd Respondent/ Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge (PCR Court) Cases, Dindigul District to consider the bail application of the petitioners on the very same day of their surrender in connection with the case in Crime No.2100 of 2020 on the file of the second respondent police.

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

ORDER

The petitioners are shown as Accused Nos.1 and 7 in Crime No.2100 of 2020 registered on the file of the Inspector of Police, Oddanchathiram Police Station, Dindigul District, for the offence under Sections 147, 294(b), 436, 506(ii) I.P.C and read with 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. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.12386 of 2020 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 learned Principal District and Sessions Judge (PCR Court) Cases, Dindigul District within a period of eight weeks from the date of receipt of a copy of this order. The learned District Judge will dispose of the petitioners' bail petition on the same day of surrender on its own merits. There will be a direction to the respondents 1 and 2 not to arrest the petitioners till the expiry of the period of eight weeks.

5. This Criminal Original Petition is allowed on these terms. Sd/- Assistant Registrar(CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) msa 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.

1. The Principal District and Sessions Judge (PCR Court) Cases, Dindigul District 2.The Deputy Superintendent of Police Oddanchathi ram Taluk, Dindigul District 3.The Inspector of Police, Oddanchathiram Police Station Dindigul District copy to The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P(MD)No.12386 of 2020 05.11.2020 srk(CO) TR(10.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2