Madras High CourtCRL OP(MD)/13958/2020disposed of

N.Manikandaprabu v. The Deputy Superintendent Of Police

2020-12-03Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.13958 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.13958 of 2020 N.Manikandaprabu ... Petitioner/Accused No.2 Vs.

1.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

2.The State represented by The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

Crime No.477 of 2020.

... Respondents/Complainants 3.Kulanthaisamy ... 3rd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the learned Principal District and Sessions Judge (PCR Cases), Sivagangai to accept the surrender of the petitioner/accused No.2 and consider the bail application on the same day in connection with Crime No.477 of 2020, dated 21.11.2020 on the file of the respondent police.

For Petitioner : Mr.J.Poneswar Moorthy, For R-1 and R-2 : Mr.V.Neelakandan, Additional Public Prosecutor.

O R D E R

The petitioner is an Accused No.2, in Crime No. 477 of 2020 registered on the file of the Inspector of Police, Sivagangai Taluk Station , Sivagangai District, for the offences under Sections 341, 294(b), 323, 355, 506(i) of IPC r/w 3(1)(r), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 based on the complaint of the third respondent.

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 in this case the defacto complainant caused simple injury. There are totally two accused in this case, the petitioner herein is A2. He further submitted that the petitioner is not having any previous case. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13958 of 2020

4. Considering the present times, notice to the respondent No.3 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 (PCR Cases), Sivagangai, within a period of eight weeks from the date of receipt of a copy of this order and the learned 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 (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) das 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 (PCR Cases), Sivagangai.

2.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

3.The State represented by The Inspector of Police, Sivagangai Taluk Police Station,Sivagangai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.J.PONESWARA MOORTHY,Advocate ( SR-24018[F] dated 04/12/2020) Crl.O.P.(MD)No.13958 of 2020 03.12.2020 ARK(CO) AP(04/12/2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2