Madras High CourtCRL OP(MD)/12624/2020disposed of

K.Madasamy v. The Deputy Superintendent Of Police

2020-11-09Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.12624 of 2020 1.K.Madasamy 2.C.Madasamy 3.K.Balakrishnan 4.T.Viji @ Vijikumar 5.R.Raja 6.S.Raj : Petitioners/Accused 1 to 6 Vs

1. The Deputy Superintendent of Police Sankarankovil, Tirunelveli District.

: 1st Respondent

2. State rep by its The Inspector of Police, Tiruvengadam Police Station, Tirunelveli District, (Crime No.258/2020) : 2nd Respondent /Complainant

3. Velladurai.

: 3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the II Additional District and Sessions Judge cum PCR Court, Tirunelveli to consider the petitioners bail application and dispose of the bail application on the same day, if the petitioners surrender before the II Additional District and Sessions Judge cum PCR Court, Tirunelveli in Crime No.258 of 2020, on the file of the second respondent.

For Petitioners : Mr.R.J.Karthick For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor (Crl.side) 1/5

O R D E R

The petitioners are shown as Accused Nos.1 to 6 in Crime No.258 of 2020, registered on the file of Tiruvengadam Police Station, Tirunelveli District, for the offences under Sections 147,294(b), 324, 506(ii) of I.P.C and Section 3(1)(r) 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 II Additional District and Sessions Judge cum PCR Court, Tirunelveli, within a period of eight weeks from the date of receipt of a copy of this order. The learned District Judge will dispose of the petitioners' bail petition on the same day of surrender on its own merits. 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 (CS-III) // 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 District and Sessions Judge cum P.C.R Court, Tirunelveli.

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2. The Deputy Superintendent of Police Sankarankovil, Tirunelveli District.

3. The Inspector of Police, Tiruvengadam Police Station, Tirunelveli District,

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

Crl.O.P(MD)No.12624 of 2020 09.11.2020 KMV(CO) CS(19.11.2020) 3P 5C 3/5