Muthumari v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU 1.Muthumari 2.Palaniammal 3.Arumugam ... Petitioners/ Accused Nos.1 to 3 Vs.

1.The Deputy Superintendent of Police, Virudhunagar, 2.The State rep. by The Inspector of Police Kariapatti Police Station, (Crime No.945 of 2020) ... Respondents 1 & 2/Complainant 3.Suriyakumari ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the Special Judge, Special Court for PCR Cases, Virudhunagar District at Srivilliputtur, to consider the bail application to be filed by the petitioners on the same day of its filing and their surrender in connection with the case in Crime No.945 of 2020 on the file of the Inspector of Police, Kariapatti Police Station, Virudhunagar District.

For Petitioners : Mr.S.M.Anantha Murugan For Respondents 1 & 2 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

The petitioners are shown as Accused Nos.1 to 3 in Crime No.945 of 2020 registered on the file of the Inspector of Police, Kariapatti Police Station, Virudhunagar District, for the offences under Sections 294(b), 323, 447, 427 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. 1/3

2. Considering the present times, notice to the third respondent is dispensed with.

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 three accused are involved in this case and there is no previous case as against the petitioners.

5. I am of the view that interest of justice will be served by permitting the petitioners to surrender before the learned Special Judge, Special Court for PCR Cases, Virudhunagar District at Srivilliputtur, within a period of eight weeks from the date of receipt of a copy of this order. The learned Special Judge, Special Court for PCR Cases, Virudhunagar District at Srivilliputtur, will dispose of the petitioners' bail petition on the same day of their 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) 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 Special Judge for PCR Cases, Virudhunagar at Srivilliputhur.

2.The Deputy Superintendent of Police, Virudhunagar, 2/3

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

+1 CC to M/s.S.M.ANANTHA MURUGAN, Advocate ( SR-25008[F] dated 10/12/2020 ) Crl.O.P.[MD]No.14228 of 2020 08.12.2020 NS (CO) NR (16/12/2020) 3P : 6C 3/3