Madras High CourtCRL OP(MD)/13022/2020disposed of

Pandi v. The Superintendent Of Police

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

C rl.O.P.(MD)No.13022 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.13022 of 2020 Pandi ... Petitioner/Accused (Sole) Vs.

The State rep. by 1.The Deputy Superintendent of Police, Periyakulam Sub Division, Theni District.

2.The Inspector of Police Devadhanapatti Police Station, Periyakulam Taluk, Theni District.

(Crime No.1382 of 2020)... 1st and 2nd Respondents/Complainants 3.Selvam ... 3rd Respondent/Defacto Complainant 4.Mangai ... 4th Respondents/Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Special Court for SC /ST (Prevention of Atrocities) Act, Theni, to accept the surrender of the petitioner in connection with Crime No.1382 of 2020 on the file of the second respondent police and to consider the petitioner's bail application on the same day.

For Petitioner : Mr.R.Shankar Ganesh For Respondents 1 & 2 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

The petitioner is shown as sole Accused in Crime No.1382 of 2020 registered on the file of the Inspector of Police, Devadhanapatti Police Station, Periyakulam Taluk, Theni District, for the offences under Sections 341, 294(b), 324, 506(2) of IPC and Sections 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. https://hcservices.ecourts.gov.in/hcservices/ 1/2

C rl.O.P.(MD)No.13022 of 2020

3. Considering the present times, notice to the respondents 3 and 4 are 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 SC /ST (Prevention of Atrocities) Act, Theni, within a period of eight weeks from the date of receipt of a copy of this order. The learned Special Judge, Special Court for SC /ST (Prevention of Atrocities) Act, Theni, 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 Special Judge, Special Court for SC/ST (Prevention of Atrocities) Act, Theni 2.The Deputy Superintendent of Police, Periyakulam Sub Division, Theni District.

3.The Inspector of Police Devadhanapatti Police Station, Periyakulam Taluk, Theni District.

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

Crl.O.P.[MD]No.13022 of 2020 19.11.2020 CK(CO) TR(26.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2