Madras High CourtCRL OP(MD)/13792/2020disposed of

Pandi v. The Deputy Superintendent Of Police

2020-12-02Honourable Mrs Justice J. Nisha Banu3 pages

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.13792 of 2020 1.Pandi 2.Marikkalai 3.Prakash

...Petitioners/Accused No.1,7 & 8

Vs 1.The Deputy Superintendent of Police, Samayanallur Police Station, Madurai District.

2.The Inspector of Police, Alanganallur Police Station, Madurai District.

In Crime No.1845 of 2020 ...Respondent Nos.1&2/Complainants 3.Rajaram 3rd Respondent /Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to permit the petitioners to surrender before the learned III Additional District Judge/PCR Court, Madurai in connection with Crime No.1845 of 2020, on the file of the respondent police and file an application for the 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 Petitioners : Mr.M.Jegadeeshpandian For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor (Crl.side)

O R D E R

The petitioners are shown as Accused Nos.1,7 & 8 in Crime No.1845 of 2020, registered on the file of Alanganallur Police Station, Madurai District, for the offences under Sections 147, 341, 294(b), 323, 379(NP) 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 petitioners reiterated the contentions set out in the original petition. 3.Considering the present times, notice to the third respondent is dispensed with.

1/3

4.When the matter is taken up for hearing today, the learned Additional Public Prosecutor, on instructions, would submit that totally there are eight accused in this case. The petitioners are arrayed as accused Nos.1,7 & 8. The learned counsel would further submit that the injured was discharged from the Hospital. 5.I am of the view that interest of justice will be served by permitting the petitioners to surrender before the learned III Additional District Judge/PCR Court, Madurai 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 petitioners' 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-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 III Additional District Judge, PCR Court, Madurai. 2.The Deputy Superintendent of Police, Samayanallur Police Station, Madurai District.

3.The Inspector of Police, Alanganallur Police Station, Madurai District.

2/3

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

Crl.O.P(MD)No.13792 of 2020 02.12.2020 SGS(CO) TR(09.12.2020) 3P 5C 3/3