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Madras High CourtCRL OP(MD)/12872/2020disposed of

Rajavadivel v. The Deputy Superintendent Of Police

2020-11-11Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.12872 of 2020 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.12872 of 2020 1.Rajavadivel 2.Thamilvanan@ Karikalan 3.Subash@Subashchantharabose ... Petitioners/Accused 1 to 3 Vs

1. The Deputy Superintendent of Police Thiruvarur Police Station Thiruvarur District

2. The Inspector of Police Thiruthuraipoondi Police Station Thiruvarur District ... Respondents/Complainants

3. Moorthi ... Respondent/ Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned Special Judge for PCR Cases (District and Sessions Judge), Thanjavur to consider the bail application to be filed by the petitioners on the same day of surrender in Crime No.2760 of 2020 on the file of the second respondent. For Petitioners : Mr.P.Ganapathi Subramanian For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioners are shown as Accused Nos. 1 to 3 in Crime No.2760 of 2020 registered on the file of the Inspector of Police, Thiruthuraipoondi Police Station, Thiruvarur District for the offence under Sections 294(b), 323, 324 and 506(ii) I.P.C r/w Sections 3(1)(r), 3(1)(s), and 3(2)(v) of Scheduled Caste and Scheduled Tribes ( Prevention of Atrocities) Act, 1989. 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.

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Crl.O.P.(MD)No.12872 of 2020 4.I am of the view that interest of justice will be served by permitting the petitioners to surrender before the learned Special Judge for PCR Cases ( District and Sessions Judge), Thanjavur within a period of eight weeks from the date of receipt of a copy of this order. The learned Special Judge 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 (CS-II) // 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. The Special Judge for PCR Cases (District and Sessions Judge), Thanjavur.

2. The Deputy Superintendent of Police Thiruvarur Police Station Thiruvarur District.

3. The Inspector of Police Thiruthuraipoondi Police Station Thiruvarur District.

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

Crl.O.P(MD)No.12872 of 2020 11.11.2020 (CO) CS(23.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/