David Muthuraj v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.12810 of 2020 David Muthuraj ... Petitioner/Sole Accused Vs 1.The Commissioner of Police Trichy City Trichy District 2.The Inspector of Police All Women Police Station Srirangam Trichy City, Trichy District (Crime No.25/2020) ... Respondents No.1 & 2/Complainant 3.K.Kamatchi ... 3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the I Additional District Judge (PCR Act cases) Trichy to consider the petitioner's bail application on merits on the same day of surrender in Crime No.25/2020 on the file of the AWPS Srirangam Police Station, Trichy District.

For Petitioner : Mr.S.Ramsundar Vijayaraj For M/s.Veera Assosicates For R1 & R2 : Mr.V.Neelakandan Government Advocate (Crl.side)

ORDER

The petitioner is shown as sole accused in Crime No.25 of 2020 registered on the file of the Inspector of Police, All Women Police Station, Srirangam, Trichy City, Trichy District for the offence under Sections 294(b), 354 (A), 354 (d), 355 I.P.C r/w Sections 3(1)(r), 3(1)(s), 3(1)(w)(2), 3(2)(va) of Scheduled Caste and Scheduled Tribes ( Prevention of Atrocities) Amendment Act, 2015.

2.The learned counsel appearing for the petitioner reiterated the contentions set out in the original petition. 1/3

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 petitioner to surrender before the learned I Additional District Judge (PCR Act cases), Trichy, 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 petitioner's bail petition on the same day of surrender. There will be a direction to the respondents 1 and 2 not to arrest the petitioner 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) msa 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. I Additional District Judge (PCR Act cases), Trichy 2.The Commissioner of Police Trichy City Trichy District 3.The Inspector of Police All Women Police Station Srirangam Trichy City, Trichy District 2/3

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

+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-21871[F] dated 11/11/2020 ) Crl.O.P(MD)No.12810 of 2020 11.11.2020 ck(CO) TR(23.11.2020) 3P 6C 3/3