Arockiya Justin v. The Superintendent Of Police

Crl.O.P(MD)No.12285 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2020

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU Crl.O.P(MD)No.12285 of 2020 Arockiya Justin

...Petitioner/Sole Accused

Vs 1.The Superintendent of Police, Tirunelveli District.

2.State rep by The Inspector of Police, Thisayanvilai Police Station, Tirunelveli District, (Crime No.316/2020) 3.Thanamoorthy

...Respondents/Respondents

PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to direct the learned II Additional Sessions Judge P.C.R, Tirunelveli to consider the bail application of the petitioner in Crime No.316 of 2020 on the file of the respondent police on the same day of surrender on merits.

For Petitioner : Mr.C.K.R.Lenin Sekar For R1 & R2 : Mr.V.Neelakandan, Additional Public Prosecutor.

O R D E R

The petitioner is shown as accused in Crime No. 316 of 2020 registered on the file of the Thisayanvilai Police Station,Tirunelveli District, for the offences under Sections 294 (b), 323, 506(i) of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of 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 3rd respondent is dispensed with.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.12285 of 2020 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 eight 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 eight weeks.

5. This Criminal Original Petition is disposed of on these terms.

Sd/- Assistant Registrar(CO) // True Copy // / /2020 Sub Assistant Registrar(CS) vrn 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 II Additional Sessions Judge(PCR), Tirunelveli. 2.The Superintendent of Police, Tirunelveli District.

3.The Inspector of Police, Thisayanvilai Police Station, Tirunelveli District, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.M.PERUMAL, Advocate ( SR-20911[F] dated 03/11/2020 ) Crl.O.P(MD)No.12285 of 2020 03.11.2020 NS(CO) TR(06.11.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2