Raja v. The Deputy Superintendent Of Police

Crl.O.P.(MD)No.13208 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.13208 of 2020 1.Raja 2.Ukkirapandi 3.Tamilarasan S/o Subbaiah 4.Tamilarasan S/o Veerapandi

...Petitioners/Accused No.1 to 4

Vs 1.State rep by The Deputy Superintendent of Police, Devakottai, Sivagangai District.

... 1st Respondent /Respondent 2.The Inspector of Police, Thiruvegampathur Police Station, Sivagangai District.

... 2nd Respondent/Complainant 3.Mathavan ... 3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to direct the District Judge, Sivagangai (Special Judge for PCR Cases), Sivagangai District to accept the surrender of the petitioners and consider the bail application to be filed by them on merits and on the same day of surrender in Cr.No.232 of 2020, on the file of the second respondent police.

For Petitioners : Mr.S.Pugalendhi For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor (Crl.side)

O R D E R

The petitioners are shown as Accused No.1 to 4 in Crime No.232 of 2020, registered on the file of Thiruvegampathur Police Station, Sivagangai District, for the offences under Sections 147,341,323,363,395,506(i) of IPC r/w 4 of Women Harassment Act r/w Sections 3(1)(r)(s) 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.

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Crl.O.P.(MD)No.13208 of 2020 4.I am of the view that interest of justice will be served by permitting the petitioners to surrender before the learned District Judge, Sivagangai (Special Judge for PCR Cases), Sivagangai District, 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 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) 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 Deputy Superintendent of Police, Devakottai, Sivagangai District.

2.The Inspector of Police, Thiruvegampathur Police Station, Sivagangai District.

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

Crl.O.P(MD)No.13208 of 2020 23.11.2020 SJ(CO) AP(04/12/2020) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2