Madras High CourtCRL OP(MD)/12367/2020disposed of

Chinnaraja@Satham Hussain Chidambara Raja v. The Assistant Commissioner Of Police

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

C rl.O.P.(MD)No.12367 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.12367 of 2020 1.Chinnaraja @ Satham Hussain Chidambara Raja 2.Periyaraja @ Prabhakaran Veerapathira Raja... Petitioners/Accused No 1& 2 Vs.

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

2.The Inspector of Police Pettai Police Station, Tirunelveli City.

(Crime No.992 of 2020) ...Respondents 1&2/Complainants 3.Madasamy ...3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the Special Judge for SC/ST (Prevention of Atrocities) Act, II Additional District Judge, Tirunelveli, to consider the bail application of the petitioners on the same day of their surrender in Crime No.992 of 2020 on the file of the respondent police.

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

O R D E R

The petitioners are shown as accused Nos.1 and 2 in Crime No.992 of 2020 registered on the file of the Inspector of Police, Pettai Police Station, Tirunelveli City, for the offences under Sections 341, 294(b) 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

C rl.O.P.(MD)No.12367 of 2020 by permitting the petitioners to surrender before the learned Special Judge for SC/ST (Prevention of Atrocities) Act / II Additional District Judge, Tirunelveli, within a period of eight weeks from the date of receipt of a copy of this order. The learned II Additional District Judge, Tirunelveli, 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 Special Judge for SC/SCT(POA) Act, II nd Assistant District Judge, Tirunelveli.

2.The Assistant Commissioner of Police, Tirunelveli, Tirunelveli City.

3.The Inspector of Police Pettai Police Station, Tirunelveli City.

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

Crl.O.P.[MD]No.12367 of 2020 04.11.2020 CK(CO) KB(11.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2