Madras High CourtCRL OP(MD)/13311/2020disposed of

Rajesh v. The Deputy Superintendent Of Police

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

Crl.O.P.(MD)No.13311 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.13311 of 2020 Rajesh ... Petitioner/Accused No.1 Vs.

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

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

(Crime No.641 of 2020)

...Respondents 1& 2/Complainants

3.Pandi ...3rd Respondent /Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned II Additional District and Sessions Judge (PCR Court) Tirunelveli to accept the surrender of the petitioner and to consider the bail application to be filed by the petitioner on the same day in Crime No.641 of 2020 on the file of the second respondent police.

For Petitioner : Mr.T.A.Ebenezer For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor For R3 :Notice dispenced with

ORDER

The petitioner is shown as accused No.1 in Crime No.641 of 2020 registered on the file of the Inspector of Police, Kalakkadu Police Station, Tirunelveli District, for the offence punishable under Sections 294(b), 323 of I.P.C 3(1)(r), 3(1)(s) and 3(2)(va) of Schedule Caste and Schedule 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 II Additional District and Sessions Judge (PCR Court) Tirunelveli, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13311 of 2020 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. 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-I) // 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 District and Sessions Judge, (PCR Court) Tirunelveli.

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

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

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

Crl.O.P(MD)No.13311 of 2020 24.11.2020 ARK(CO) KB(02.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2