Madras High CourtCRL OP(MD)/13318/2020disposed of

S.Palanisamy v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD)No.13318 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.13318 of 2020 S.Palanisamy ... Petitioner/Accused No.2 Vs.

1.The State represented by The Deputy Superintendent of Police, Aravakuruchi Division, karur District.

2.The Inspector of Police, Aravakuruchi Police Station, Aravakuruchi, Karur District.

(Crime No.723 of 2020) ... Respondents 1 & 2/Complainants 3.A.Manoharan ...3rd Respondent /Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned Principal District and Sessions Judge (PCR Court) Karur, to consider the petitioner's bail application and dispose the same on the same day, if the petitioner surrender before the learned Principal District and Sessions Judge (PCR Court), Karur for the case registered in Crime No.723 of 2020 on the file of the second respondent, dated 12.11.2020.

For Petitioner : Mr.R.Mathiyalagan For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioner is shown as accused No.2 in Crime No.723 of 2020 registered on the file of the Inspector of Police, Aravakuruchi Police Station, Aravakuruchi, Karur District, for the offence punishable under Sections 147, 341, 294(b), 506(i) of I.P.C, r/w Sections 3(1)(r), 3(1)(s) and 3(2)(va) of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 1989. 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.

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Crl.O.P.(MD)No.13318 of 2020 4.I am of the view that interest of justice will be served by permitting the petitioner to surrender before the learned Principal District and Sessions Judge (PCR Court) Karur, within a period of eight weeks from the date of receipt of a copy of this order. The learned Judge 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 (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 Principal District and Sessions Judge, (PCR Court) Karur.

2.The Deputy Superintendent of Police, Aravakuruchi Division, karur District.

3.The Inspector of Police, Aravakuruchi Police Station, Aravakuruchi, Karur District.

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

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