Dhanush@Dhanushkumar 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 Dhanush ... Petitioner/ Accused No. 5 Vs.
1.The Deputy Superintendent of Police, Bodinayakanur, Theni District.
2.The Inspector of Police Bodinayakanur Taluk Police Station, Theni District.
(Crime No.2302 of 2020) ... 1st Respondent/Complainant 3.Muneeshkumar
...Respondent/Defacto Complainant
PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the Additional District and Sessions Judge Cum (PCR Court), Theni, to accept the surrender of the petitioner and consider the petitioner's bail petition on the same day in accordance with law of his surrender in connection with Crime No.2302 of 2020 on the file of the Inspector of Police Bodinayakanur Taluk Police Station, Theni District.
For Petitioner : Mr.K.Kevinkaran For Respondents 1 & 2 : Mr.V.Neelakandan Additional Public Prosecutor
O R D E R
The petitioner is shown as Accused No.5 in Crime No.2302 of registered on the file of the Inspector of Police, Bodinayakanur Taluk Police Station, Theni District, for the offences under Sections 147, 448, 294(b), 324, 506(2) 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.
3. The learned counsel appearing for the petitioner reiterated the contentions set out in the original petition. 1/3
4. The learned Additional Public Prosecutor appearing for the respondents 1 and 2, on instructions, would submit that the petitioner is the fifth accused and the injured persons have also been discharged from the hospital and there is no previous case as against the petitioner. Accused Nos.1, 2 and 4 were arrested and released on bail on 16.11.2020.
5. I am of the view that interest of justice will be served by permitting the petitioner to surrender before the learned Additional District and Sessions Judge Cum (PCR Court), Theni, within a period of eight weeks from the date of receipt of a copy of this order. The learned Additional District and Sessions Judge Cum (PCR Court), Theni, 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 (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 Additional District and Sessions Judge Cum (PCR Court), Theni.
2.The Deputy Superintendent of Police, Bodinayakanur, Theni District.
3.The Inspector of Police Bodinayakanur Taluk Police Station, Theni District.
2/3
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.[MD]No.14160 of 2020 07.12.2020 NS(CO) NR (16/12/2020) 3P : 5C 3/3