Madras High CourtCRL OP(MD)/14017/2020disposed of

Julians @ Suviston v. The Deputy Superintendent Of Police

2020-12-04Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Julians

...Petitioner/Accused Rank Not Known

Vs The State rep. By

1. The Deputy Superintendent of Police, ...1st Respondent/Investigation Officer 2.The Inspector of Police, Rameswram Town Police Station, Crime No. 6/2020 ...2nd Respondent/Complainant

3. A. Balasingam ...3rd respondent/Defacto Complainant PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to direct the District & Sessions Judge, Ramanathapuram (Special Judge for SC/ST (Prevention of Atrocities) Act to consider the bail application of the petitioner on the same day of his surrender in Crime No. 06 of 2020 on the file of the respondent police.

For Petitioner : Mr.D. Mariojohnson For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

The petitioner is arrayed as A-4 in Crime No. 06 of 2020, registered on the file of Rameswaram Town Police Station, Ramanathapuram District, for the offences under Sections 294(b), 324 & 506(ii) of the Indian Penal Code and Sections 3(1)(r) & 3(1) (s) of the SC/ST (POA) Act, 2015.

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

3. The learned Additional Public Prosecutor (Crl.Side) appearing for the 1st and 2nd respondents, on instructions, would 1/3

submit that totally there are four accused persons in this case and the petitioner is arrayed as A-4. He would further submit that the injured person has already been discharged from the hospital and he has no objection for allowing this petition.

4. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor (Crl. Side) appearing for the respondent Nos.1 & 2. Since no adverse order is going to be passed, notice to the third respondent 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 District & Sessions Judge, Ramanathapuram (Special Judge for SC/ST (Prevention of Atrocities) Act, 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 petitioners till the expiry of the period of eight weeks.

6. This Criminal Original Petition is allowed on these terms. Sd/- Assistant Registrar (CS-III) // 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 District and Sessions Judge, (Special Judge for SC/ST (Prevention of Atrocities Act) Ramanathapuram.

2. The Deputy Superintendent of Police, 2/3

3.The Inspector of Police, Rameswram Town Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

04.12.2020 PU(CO) NR (23/12/2020) 3P : 5C 3/3