Madras High CourtCRL OP(MD)/12297/2020disposed of

Thirumalaisamy v. The Deputy Superintendent Of Police

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

C rl.O.P.(MD)No.12297 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.12297 of 2020 1.Thirumalaisamy 2.Elumalai 3.Kuppusamy ... Petitioners Vs.

1.State by The Deputy Superintendent of Police, Oddanchatram Division, Dindigul District.

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

3.Muthulakshmi

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the Additional District and Sessions Judge (Special Court for PCR Cases), Dindigul to consider the petitioners' bail application on the same day of their surrender in respect of Crime No.2100 of 2020 on the file of the second respondent, pending investigation.

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

O R D E R

The petitioners are shown as accused Nos.5 to 7 in Crime No.2100 of 2020 registered on the file of the Inspector of Police Oddanchatram Police Station, Dindigul District, for the offences under Sections 147, 294(b), 446 and 506(ii) of IPC r/w 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.

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 Additional District and Sessions Judge (Special Court for PCR https://hcservices.ecourts.gov.in/hcservices/ 1/2

C rl.O.P.(MD)No.12297 of 2020 Cases), Dindigul, within a period of eight weeks from the date of receipt of a copy of this order. The learned Additional District and Sessions Judge (Special Court for PCR Cases), Dindigul, 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.

RM To

1. The Deputy Superintendent of Police, Oddanchatram Division, Dindigul District.

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

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

Copy to The learned Additional District and Sessions Judge (Special Court for PCR Cases), Dindigul Crl.O.P.[MD]No.12297 of 2020 04.11.2020 SS(CO) KB(11.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2