Sudhakar @ Sudhakarmuthaiah 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.Sudhakar @ Sudhakarmuthaiah 2.Manikandan @ Manikandan Arumugam 3.T.Raja @ Alaguraja 4.Kathirvel 5.Rajkumar @ Rajupalanisamy 6.Balaji 7.Sasikumar 8.Vinoth @ Vinothkumar 9.A.Senthilkumar @ Senthil 10.Alagurasu @ Alaguraj 11.Ramesh @ Ramesh Selvaraj 12.V.Aravind 13.Palanisamy 14.Palanisamy @ Karupannan 15.Sakthivel @ Sakthimanickam 16.Karthick 17.Balaji 18.Dhamu @ Dhamodharan ... Petitioners/ Accused Nos.1 to 15 & 17 to 19 Vs.
1.The Deputy Superintendent of Police, Karur District, Karur.
2.The State rep. by The Inspector of Police Chinthamanipatty Police Station, Karur District.
(Crime No.330 of 2020) ... 1st and 2nd Respondent/Complainant 3.Tamilazhagar 4.Dineshkumar 5.Kamatchi ... 3 to 5 Respondents/Defacto Complainant/Victims 1/3
PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the Principal Sessions Court (PCR), Karur, to accept the surrender and consider the bail application to be filed by the petitioners on the same day on merits in Crime No.330 of 2020 on the file of the respondent Police.
For Petitioners : Mr.C.Vakeeswaran For Respondents 1 & 2 : Mr.V.Neelakandan Additional Public Prosecutor
O R D E R
The petitioners are shown as Accused Nos.1 to 15 & 17 to 19 in Crime No.330 of 2020 registered on the file of the Inspector of Police, Chinthamanipatty Police Station, Karur District, for the offences under Sections 147, 148, 294(b), 323, 324, 354, 355 of IPC and Sections 3(1)(r), 3(1)(s), 3(1)(W)(i) 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 respondents 3 to 5 are 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 19 accused are involved in this case and it is a case and case in counter and the injured has also been discharged from the hospital.
5. I am of the view that interest of justice will be served by permitting the petitioners to surrender before the learned Principal Sessions Judge, Principal Sessions Court (PCR), Karur, within a period of eight weeks from the date of receipt of a copy of this order. The learned Principal Sessions Judge, Principal Sessions Court (PCR), Karur, 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) 2/3
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 Sessions Judge(PCR Court), Karur. 2.The Deputy Superintendent of Police, Karur District, Karur.
3.The Inspector of Police Chinthamanipatty Police Station, Karur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.C.VAKEESWARAN, Advocate ( SR-24348[F] dated 08/12/2020 ) Crl.O.P.[MD]No.14297 of 2020 08.12.2020 NS (CO) NR (16/12/2020) 3P : 6C 3/3