Madras High CourtCRL OP(MD)/12356/2020disposed of

Kala v. The Deputy Superintendent Of Police

2020-11-04Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.12356 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.12356 of 2020 1.Kala 2.Ramesh 3.Pandi 4.Ramasamy ... Petitioners Vs.

1.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Dindigul Rural (Sub Division), Dindigul.

2.The Inspector of Police Natham Police Station, Dindigul District.

(Crime No.539 of 2020) 3.Rasu

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the Sessions Judge, Special Court for Exclusive Trial of Cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Dindigul, to accept the surrender of the petitioners and consider the petitioners bail application and pass orders on the same date of surrender itself in Crime No.539 of 2020 dated 22.06.2020 on the file of the second respondent police.

For Petitioners : Mr.D.Senthil For Respondents 1 & 2 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

The petitioners are shown as accused Nos.1 to 4 in Crime No.539 of 2020 registered on the file of the Inspector of Police, Natham Police Station, Dindigul District, for the offences under Sections 294(b), 323 and 506(i) of IPC r/w Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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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C rl.O.P.(MD)No.12356 of 2020

4. I am of the view that interest of justice will be served by permitting the petitioners to surrender before the learned Sessions Judge, Special Court for Exclusive Trial of Cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Dindigul, within a period of eight weeks from the date of receipt of a copy of this order. The learned Sessions Judge will dispose of the petitioners' bail petition on the same day of surrender. 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 (CSIII) // True Copy // / /2020 Sub Assistant Registrar(CS) rm 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 Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Dindigul Rural (Sub Division), Dindigul.

2.The Inspector of Police Natham Police Station, Dindigul District.

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

Copy to The learned Sessions Judge, Special Court for Exclusive Trial of SC/ST(Prevention of Atrocities) Act, Dindigul Crl.O.P.[MD]No.12356 of 2020 04.11.2020 VR(CO) KB(11.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2