G.Sathis Kumar v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU

1. G. Sathish

2. Alex

...Petitioners/A-1 & A-2

Vs

1. The Deputy Superintendent of Police, Bodinayakkanur, Theni District.

2.The Inspector of Police, Bodinayakkanur Town Police Station, Theni District.

...1st & 2nd Respondents/Complainants

3. Ponraj ...3rd respondent/Defacto Complainant/ Victim PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Special Court for the Exclusive Trial of SC/ST Cases, Theni District to accept the petitioners surrender and consider their bail application on the same day in connection with Crime No.2776 of 2020, on the file of the second respondent in accordance with law.

For Petitioners: Mr.M. Ramesh For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

The petitioners are A-1 & A-2 in Crime No.2776 of 2020, registered on the file of Bodinayakkanur Town Police Station, Theni District, for the offences under Sections 294(b), 323 & 506(i) of the Indian Penal Code and Sections 3(1)(r), 3(1)(s), 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.The learned Additional Public Prosecutor(Crl.Side) appearing for the 1st and 2nd respondents, on instructions, would submit that the injuries are simple in nature. He would further submit that he has no objection for allowing this petition. 1/3

4.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor (Crl. Side) appearing for the respondents 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 petitioners to surrender before the Special Court for the Exclusive Trial of SC/ST Cases, Theni 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 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-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 Judge, Special Court for the Exclusive Trial of SC/ST Cases, Theni 2.The Deputy Superintendent of Police, Bodinayakkanur, Theni District.

3.The Inspector of Police, Bodinayakkanur Town Police Station, Theni District.

2/3

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

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