Madras High CourtCRL OP(MD)/13206/2020disposed of

Loganathan v. The Deputy Superintendent Of Police

2020-11-23Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P(MD)No.13206 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.13206 of 2020 Loganathan Petitioner/Sole Accused Vs 1.State rep by The Deputy Superintendent of Police, Thanjavur Sub-Division, Thanjavur District.

2.The Inspector of Police, Thanjvaur Taluk Police Station, Thanjavur District.

(Crime No.5 of 2019) Respondent Nos.1 & 2/ Complainant 3.Tr.Sekar 3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned I Additional Sessions Court (PCR), Thanjavur, Thanjavur District, to accept the surrender of the petitioner and consider the bail application on merits on the date of surrender in Crime No.1175 of 2020, on the file of the 2nd respondent police on the very same day.

For Petitioner : Mr.M.Pitchaimuthu For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor (Crl.side)

O R D E R

The petitioner is shown as Accused in Crime No.1175 of 2020, registered on the file of Thanjvaur Taluk Police Station, Thanjavur District, for the offences under Sections 294(b), 323, 506 (i) of IPC r/w Sections 3(1)(r)(s) & 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 I https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.13206 of 2020 Additional Sessions Court (PCR), Thanjavur, Thanjavur 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 petitioner's 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-II) // 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 I Additional Sessions Court (PCR), Thanjavur, Thanjavur District.

2. The Deputy Superintendent of Police, Thanjavur Sub-Division, Thanjavur District.

3. The Inspector of Police, Thanjvaur Taluk Police Station, Thanjavur District.

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

Crl.O.P(MD)No.13206 of 2020 23.11.2020 NR (04/12/2020) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2