K.Chenniappan v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.14138 of 2020 1.K.Chenniappan 2.T.Poongudi 3.S.T.Nirmal 4.S.T.Rahul ... Petitioners / Accused Nos.1, 3 to 5 Vs.

1.The State rep. by The Deputy Superintendent of Police, Aravakuruchi Division, Karur District.

2.The Inspector of Police Aravakuruchi Police Station, Aravakuruchi, Karur District.

(Crime No.723 of 2020) ... Respondents 1 & 2/Complainant 3.A.Manoharan ...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 Court), Karur, to consider the petitioners' bail application and dispose the same on the same day, if the petitioners surrender before the learned Principal District and Sessions Judge (PCR Court), Karur, for the case registered in Crime No.723 of 2020 on the file of the second respondent, dated 12.11.2020. For Petitioners : Mr.R.Mathiyalagan For Respondents 1 & 2 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

The petitioners are shown as Accused Nos.1, 3 to 5 in Crime No.723 of 2020 registered on the file of the Inspector of Police, Aravakuruchi Police Station, Karur District, for the offences under Sections 147, 341, 294(b), 506(1) of IPC and 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. Considering the present times, notice to the third respondent is dispensed with.

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3.The learned counsel appearing for the petitioners reiterated the contentions set out in the original petition.

4. The learned Additional Public Prosecutor appearing for the respondents 1 and 2, on instructions, would submit that totally five accused involved in this case and there is no previous case as against the petitioners and no one sustained injury in this occurrence.

5. I am of the view that interest of justice will be served by permitting the petitioners to surrender before the learned Principal District and Sessions Judge (PCR Court), Karur, within a period of eight weeks from the date of receipt of a copy of this order. The learned Principal District and Sessions Judge (PCR Court), Karur, 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) rm 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 Court), Karur.

2.The Deputy Superintendent of Police, Aravakuruchi Division, Karur District.

3.The Inspector of Police Aravakuruchi Police Station, Aravakuruchi, Karur District.

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

Crl.O.P.[MD]No.14138 of 2020 07.12.2020 ns(CO) TR(16.12.2020) 3P 5C 3/3