Paneerselvam v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Paneerselvam Petitioner/Accused Vs 1.State rep by The Deputy Superintendent of Police, Rajapalayam, 2.The State rep by The Inspector of Police, Rajapalayam North Police Station, (In Crime No.627 of 2020) 1st & 2nd Respondents/ Complainants 3.Ragu 3rd respondent/defacto complainant 4.Jegadeeskumar 4th respondent/victim PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to direct the Principal District and Sessions Judge (PCR) Cases, Virudhunagar to accept the surrender and consider the bail petition to be filed by the petitioner in Crime No.627 of 2020 on the file of the respondent police on the same day and on merits. For Petitioner : Mr.R.Niresh Kumar For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor (Crl.side)

O R D E R

The petitioner is the one of the accused in Crime No.627 of 2020, registered on the file of Rajapalayam North Police Station, Virudhunagar District, for the offences under Sections 147, 148, 294 (b), 336, 307 IPC r/w Sections 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015.

2.The learned counsel appearing for the petitioner reiterated the contentions set out in the original petition. 3.The learned Additional Public Prosecutor(Crl.Side) appearing for the 1st and 2nd respondents, on instructions, would submit that the petitioner is the 7th accused in this case and there 1/3

is no previous case against him. Two injured persons were discharged from the Hospital. He would further submit that he has no objection for allowing this petition.

4.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor (Crl. Side) appearing for the respondents 1 & 2. Since no adverse order is going to be passed, notice to the respondent Nos.3 & 4 is dispensed with. 5.I am of the view that interest of justice will be served by permitting the petitioner to surrender before the learned Principal District and Sessions Judge (PCR) Cases, Virudhunagar, within a period of eight weeks from the date of receipt of a copy of this order. The learned District Judge 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) vrn 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 Court (PCR) Cases, Virudhunagar 2.The Deputy Superintendent of Police, Rajapalayam, 2/3

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

11.12.2020 KMV(CO) NR (23/12/2020) 3P : 5C 3/3