Madras High CourtCRL OP(MD)/13313/2020disposed of

Madan@Madasamy v. The Deputy Superintendent Of Police

2020-11-24Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.13313 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.13313 of 2020 1.Madan @ Madasamy 2.Esakkipandi ... Petitioners/Accused Nos.1 & 2 Vs.

1.The Deputy Superintendant of Police, Cheramahadevi, Tirunelveli District.

2.The Inspector of Police, Muneerpallam Police Station, Tirunelveli District.

(Crime No.642 of 2020) ... Respondents 1 & 2/Complainants 3.Balaji ... 3rd Respondent /Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned II Additional Sessions Judge (Special Court PCR Cases) Tirunelveli to consider the petitioners' bail application on the same day of their surrender in Crime No.642 of 2020 on the file of the second respondent.

For Petitioners : Mr.T.Lenin Kumar For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioners are shown as accused Nos.1 and 2, in Crime No.642 of 2020 registered on the file of the Inspector of Police, Muneerpallam Police Station, Tirunelveli District, for the offence punishable under Sections 294(b), 323, 506(i) of I.P.C, r/w 3(1) (r), 3(1)(s) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment 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.

4.I am of the view that interest of justice will be served by permitting the petitioner to surrender before the learned II Additional Sessions Judge (Special Court for PCR Cases) Tirunelveli, within a period of eight weeks from the date of receipt of a copy of this order. The learned Judge will dispose of https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.13313 of 2020 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) das 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 II Additional Sessions Judge, (Special Court for PCR Cases) Tirunelveli.

2.The Deputy Superintendant of Police, Cheramahadevi, Tirunelveli District.

3.The Inspector of Police, Muneerpallam Police Station, Tirunelveli District.

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

Crl.O.P(MD)No.13313 of 2020 24.11.2020 KK(02.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4