Madras High CourtCRL OP(MD)/12200/2020disposed of

A.Piramanayagam v. The Assistant Commissioner Of Police

2020-10-29Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.12200 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.12200 of 2020 1.A.Piramanayagam 2.Maharaja ... Petitioners/A1&A2 Vs.

1.The Assistant Commissioner of Police, Palayamkottai, Tirunelveli City, Tirunelveli District.

2.The Inspector of Police, Palayamkottai Police Station, Tirunelveli City, Tirunelveli District.

(Crime No.1511 of 2020)

...Respondents/

Complainants 3.Ponnarasu ... Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Learned II Additional District and Sessions Judge (Special Court for SC/ST (Prevention of Atrocities) Act Cases, Tirunelveli, to consider the bail application of the petitioners on the same day of their surrender in Crime No.1511 of 2020, on the file of the second respondent.

For Petitioners : Mr.B.Ashok For R1 & R2 : Mr.V.Neelakandan, Additional Public Prosecutor.

ORDER

The petitioners are shown as accused Nos.1 and 2 in Crime No.1511 of 2020 registered on the file of the Inspector of Police, Palayamkottai Police Station, Tirunelveli City, Tirunelveli District, for the offences under Sections 294(b), 352 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 petitioners reiterated the contentions set out in the original petition. 3.Considering the present times, notice to the third respondent is dispensed with.

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Crl.O.P(MD)No.12200 of 2020 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) das 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 District and Sessions Judge (Special Court for SC/ST (Prevention of Atrocities) Act Cases, Tirunelveli.

2.The Assistant Commissioner of Police, Palayamkottai, Tirunelveli City, Tirunelveli District. 3.The Inspector of Police, Palayamkottai Police Station, Tirunelveli City, Tirunelveli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.B.ASHOK, Advocate ( SR-20845[F] dated 02/11/2020 ) Crl.O.P(MD)No.12200 of 2020 29.10.2020 SSS(CO) KM (06.11.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2