Madras High CourtCRL OP(MD)/13019/2020disposed of

Ilayaraja @ Ilasu v. The Inspector Of Police

2020-11-19Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.13019 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.13019 of 2020 Ilayaraja @ Ilasu ... Petitioner/Accused No.4 Vs.

1.The State rep. by The Inspector of Police Devipattinam Police Station, Ramanathapuram District. ... Respondent/Complainant 2.The Deputy Superintendent of Police, Ramanathapuram Sub Division, Ramanathapuram District. ... Respondent/ Investigation Officer 3.Vairavakesu

...Respondent/Defacto Complainant

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Special Court for Trial under SC /ST (Prevention of Atrocities) Act, Ramanathapuram, to accept the surrender of the petitioner and consider the bail application on the very same day in Spl.S.C.No.12 of 2020 in Crime No.67 of 2020 on the file of the first respondent police.

For Petitioner : Mr.G.Prabhu Rajadurai For Respondents 1 & 2 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

The petitioner is shown as Accused No.4 in Crime No.67 of registered on the file of the Inspector of Police, Devipattinam Police Station, Ramanathapuram District, for the offences under Sections 147, 307, 302, 120(b) of IPC and Sections 3 (1)(r), 3(2)(v), 3(2)(va) of the Scheduled Castes 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.

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 Special Judge, Special Court for Trial under SC /ST (Prevention of Atrocities) Act cases Ramanathapuram, within a period of eight weeks from the date of receipt of a copy of this order. The learned Special Judge, Special Court for Trial under SC/ST (Prevention of https://hcservices.ecourts.gov.in/hcservices/ 1/2

C rl.O.P.(MD)No.13019 of 2020 Atrocities) Act cases Ramanathapuram, 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 (CO) // 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 Inspector of Police Devipattinam Police Station, Ramanathapuram District.

2.The Deputy Superintendent of Police, Ramanathapuram Sub Division, Ramanathapuram District.

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

Copy to:

The Special Judge, Special Court for Trial under SC /ST (Prevention of Atrocities) Act cases Ramanathapuram +1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-22280[F] dated 20/11/2020 ) Crl.O.P.[MD]No.13019 of 2020 19.11.2020 CK(CO) KK(24.11.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2