Murugesan@Murugan v. The Deputy Superintendent Of Police
Crl.O.P.(MD)No.13598 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2020
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.13598 of 2020 Murugesan@ Murugan ... Petitioner/Accused No.4 Vs 1.The Deputy Superintendent of Police Pudukkottai Pudukkottai District 2.The State Represented by the Inspector of Police Gandharvakottai Police Station Pudukkottai District (Crime No.623 of 2020) ... Respondents/Complainant 3.Marimuthu ...3rd Respondent/ Defacto Complainant 4.Pradeepan ....4th Respondent/Victim PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned Principal District & Sessions Judge (PCR Court), Pudukkottai to accept the surrender of the petitioner and consider his bail application on the same day on merits and in relating to Crime No.623 of 2020 dated 15.11.2020 on the file of the respondent police.
For Petitioner : Mr.D.Rameshkumar For R1 & R2 : Mr.V.Neelakandan Government Advocate (Crl.side)
ORDER
The petitioner is shown as Accused No.4 in Crime No.623 of 2020 registered on the file of the Inspector of Police, Gandharvakottai Police Station, Pudukkottai District, for the offence under Sections 147, 341, 294(b), 323 and 506(i) I.P.C r/w Sections 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Caste and the Scheduled 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.The learned Additional Public Prosecutor appearing for the respondents 1 and 2, on instructions, would submit that there are totally four accused in this case. The petitioner is arrayed as Accused No.4 and no one sustained injury in this case. https://hcservices.ecourts.gov.in/hcservices/ 1/4
Crl.O.P.(MD)No.13598 of 2020 4.Considering the present times, notice to the respondents 3 and 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 & Sessions Judge (PCR Court), Pudukkottai 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.
6. This Criminal Original Petition is allowed on these terms. Sd/- Assistant Registrar (CS II) // True Copy // / /2020 Sub Assistant Registrar(CS) msa 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 & Sessions Judge (PCR Court), Pudukkottai 2.The Deputy Superintendent of Police Pudukkottai Pudukkottai District
3. The Inspector of Police Gandharvakottai Police Station Pudukkottai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P(MD)No.13598 of 2020 30.11.2020 PU(CO) KK(07.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4