Manikandan v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Original Jurisdiction) Wednesday, the Sixteenth day of December, Two Thousand and Twenty PRESENT The Honourable Mrs.Justice J.NISHA BANU in CRL. OP(MD) NO.10949 of 2020 1.Manikandan S/o.Mohan 2.Mani @ Manikandan S/o Sakthivel.
3.Sankar Pandian, 4.Chandru ... Petitioners/Petitioners/ Accused Nos.2, 3, 4 & 6.
Vs 1.State rep. by The Deputy Superintendent Of Police Paramakudi, Ramanathapuram District.
2.The Inspector of Police Paramakudi Town Police Station Ramanathpuram District.
Crime No.505/2020 ... Respondents 1 and 2/ Respondents 1 and 2 / Complainants 3.Kannan ... 3rd Respondent/ 3rd Respondent / De-facto Complainant / Victim Prayer :- Criminal Miscellaneous Petition is filed under Section 482 of Criminal Procedure Code, praying this Honourable Court to extend the time to the petitioners to surrender before the jurisdictional Special Court made in the order passed by this Honurabole Court in Crl.OP(MD) No.10949 of 2020 dated 17.10.220.
Prayer in Crl.OP(MD) NO.10949/2020:
This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, praying this Honourable Court to direct the learned Sessions Judge (Special Court for SC/ST Act), Ramanathapuram District to consider their bail application filed by the petitioners on the same day of surrender in Crime No.505 of 2020 on the file of the respondent police and thus render justice. 1/3
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of N.Jeyaram Sidharth, Advocate for the Petitioner and of Mr.V.Neelakandan, Additional Public Prosecutor appearing on behalf of the Respondents 1 and 2, this Court made the following order:
This Criminal Miscellaneous Petition has been filed seeking extension of time granted in Crl.OP(MD) No.10949 of 2020 on 07.10.2020.
2.The learned counsel for the petitioners would submit that one of the petitioner is suffering from Covid-19 and hence, the petitioners were unable to surrender before the concerned court. Therefore, would pray for extension of time.
3.He would further submit that at the time of filing the petition, the second petitioner's name was mentioned as Manikandan instead of Mani @ Manikandan. To that effect, he filed an affidavit stating that the second petitioner namely Mani @ Manikandan are one and the same and hence, prays for name correction in the order dated 07.10.2020.
4.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondents 1 and 2. 5.Considering the facts and circumstances of the case, the petitioners are directed to surrender before the learned Sessions Judge (Special Court for SC/ST Act), Ramanathapuram District, on or before 31.12.2020 and the learned Judge shall consider the petitioners' bail application on the same day of surrender on its own merits. Till 31.12.2020, the respondent police shall not arrest the petitioners.
6.Accordingly, this petition is ordered.
7.The second petitioner is directed to file an affidavit before the Court below that Mani @ Manikandan are one and the same. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3
TO 1.THE SESSIONS JUDGE(SPECIAL COURT FOR SC/ST ACT), RAMANATHAPURAM DISTRICT.
2.THE DEPUTY SUPERINTENDENT OF POLICE PARAMAKUDI, RAMANATHAPURAM DISTRICT.
3.THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION RAMANATHPURAM DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER DATED : 16/12/2020 ==========================
ORDER
========================== CRL MP(MD) No.6780 of 2020 in CRL.OP(MD)NO.10949 of 2020 Giving direction and etc.
as stated within.
DKS TK/VR/SAR.2/18.12.2020/3P/5C 3/3