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Madras High CourtCRL OP(MD)/13471/2020disposed of

Thirupathi v. The Deputy Superintendent Of Police

2020-11-26Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.13471 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.13471 of 2020 Thirupathi ... Petitioner/A-4 Vs.

1.The Deputy Superintendent of Police, Sivakasi Police Station (Cirlce), Virudhunagar District.

2.The Inspector of Police M. Pudhupatti Police Station, Virudhunagar District.

Crime No. 332 of 2020 ...R-1 & R-2/Complainants

3. Sundarraj ...R-3/Defacto complainant

4. Chinnasamy @ Anwar Raja ...R-4 /Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to permit the petitioner to surrender before the learned Principal District and Sessions Judge (Special Court for PCR Act Cases), Virudhunagar District at Srivilliputhur in connection with Crime No.332 of 2020 on the file of the second respondent police and file an application for grant of bail on the same day and in the event of filing the same, the said application may be directed to be considered on the same day on merits and in accordance with law, forthwith.

For Petitioner : Mr.M. Jegadeesh Pandian For Respondents 1 & 2 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

The petitioner is an Accused in Crime No. 332 of 2020 registered on the file of the Inspector of Police, M. Pudupatti Police Station, Virudunagar District, for the offences under Sections 147, 148, 294(b), 427, 341, 324, 379 (NP), 307, 506(ii) of IPC r/w Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Attrocities ) Act, 1989.

2. The learned counsel appearing for the petitioner reiterated the contentions set out in the original petition.

3. The learned Additional Public Prosecutor appearing for the respondent police, on instructions, submitted that totally there are four accused in this case and A-1 to A-3 were already arrested https://hcservices.ecourts.gov.in/hcservices/ 1/2

C rl.O.P.(MD)No.13471 of 2020 and released on bail and this petitioner was arrayed as A-4.

4. Considering the present times, notice to the respondent Nos.3 & 4 is dispensed with.

5. 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 (Special Court for PCR Act Cases), Virudhunagar District at Srivilliputhur, within a period of eight weeks from the date of receipt of a copy of this order. The learned Principal District and Sessions Judge (Special Court for PCR Act Cases), Virudhunagar District at Srivilliputhur, 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.

6. This Criminal Original Petition is allowed on these terms.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) ksa 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,(Spl.Court for PCR Act Cases),Virudhunagar District at Srivilliputhur. 2.The Deputy Superintendent of Police, Sivakasi Police Station (Cirlce),Virudhunagar District. 3.The Inspector of Police M. Pudhupatti Police Station, Virudhunagar District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.[MD]No.13471 of 2020 26.11.2020 SGS(CO) AP(09/12/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2