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Madras High CourtCRL OP(MD)/14971/2020disposed of

Prabhu v. The Deputy Superintendent Of Police

2020-12-17Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.14971 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.14971 of 2020 1.Prabhu 2.Muthuramalingam @ Thavam ... Petitioners/Accused No.1&2 Vs.

1.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

(Crime No.481 of 2020) 3.Indhira 4.Alagar 5.Keerthika ... Respondents/Investigating Officer/ Complainant & Victims PRAYER: Petition filed under Section 482 Cr.P.C., to direct the learned Sessions Judge and Special Court for P.C.R., Sivagangai to accept the surrender of the petitioners in connection with the crime No.481 of 2020 pending investigation on the file of the second respondent police and to consider and pass orders in the bail application on the same day.

For Petitioners : Mr.V.Kannan For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioner are accused in Crime No.481 of 2020, registered on the file of the second respondent police, for the offences under Sections 147, 148, 294(b), 323, 324 and 506(2) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Sections 3 (1)(r) and 3 (1)(s) of SC/ST (Prevention of Atrocities) Act, 1989.

2.The learned counsel appearing for the petitioners reiterated the contentions set out in the original petition. 3.The learned Additional Public Prosecutor appearing for the 1st and 2nd respondents, on instructions, would submit that the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14971 of 2020 petitioners are arrayed as A1 and A2 in this case and no previous case is pending against the petitioners. 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 respondents 3 to 5 is dispensed with. 5.I am of the view that interest of justice will be served by permitting the petitioners to surrender before the learned Sessions Judge and Special Court for P.C.R., Sivagangai within a period of eight weeks from the date of receipt of a copy of this order on notice to the defacto complainant . The learned Sessions Judge will dispose of the petitioners' 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 petitioners till the expiry of the period of eight weeks.

6.This Criminal Original Petition is allowed on these terms. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Gns 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 Sessions Judge and Special Court for P.C.R., Sivagangai 2.The Deputy Superintendent of Police, Sivagangai, Sivagangai District.

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

Crl.O.P(MD)No.14971 of 2020 17.12.2020 https://hcservices.ecourts.gov.in/hcservices/ AP(06/01/2021) 2P 5C 2/2