Madras High CourtCRL OP(MD)/13764/2020disposed of

Chitrarasu v. The Deputy Superintendent Of Police

2020-12-02Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.13764 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.13764 of 2020 Chitrarasu : Petitioner/Sole Accused Vs

1. The Deputy Superintendent of Police, Orathanadu Sub-Division, Thanjavur District.

2. The Inspector of Police, Pappanadu Police Station, Thanjavur District.

(Crime No.1442 of 2020) : Respondent Nos.1&2/Complainants

3. Veerakumar : Respondent No.3 /Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned I Additional District Judge cum P.C.R Court, Thanjavur, Thanjavur District to consider and dispose of the bail application to be filed by the petitioner on the same day of its filing on his surrender in connection with the case in Crime No.1442 of 2020, on the file of the Inspector of police, Pappanadu Police Station, Thanjavur District.

For Petitioner : Mr.A.Sivasubramanian For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor (Crl.side)

O R D E R

The petitioner is shown as Accused in Crime No.1442 of 2020, registered on the file of Pappanadu Police Station, Thanjavur District, for the offences under Sections 294(b), 352 and 506(i) IPC r/w Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled 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.When the matter is taken up for hearing today, the learned Additional Public Prosecutor, on instructions, would submit that the https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P.(MD)No.13764 of 2020 petitioner is the sole accused in this case. He would further submit that there is no previous case against this petitioner. 5.I am of the view that interest of justice will be served by permitting the petitioner to surrender before the learned I Additional District Judge cum P.C.R Court, Thanjavur, Thanjavur District, 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 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) vrn 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 I Additional District Judge cum P.C.R Court, Thanjavur, Thanjavur District 2.The Deputy Superintendent of Police, Orathanadu Sub-Division, Thanjavur District.

3.The Inspector of Police, Pappanadu Police Station, Thanjavur District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.13764 of 2020 02.12.2020 SGS(CO) CS(09.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/