Madras High CourtCRL OP(MD)/14742/2020disposed of

Balamurugan v. The Deputy Superintendent Of Police

2020-12-15Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.14742 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.14742 of 2020 1.Balamurugan 2.Govindan 3.Rajakumar 4.Thirumoorthy ... Petitioners/Accused Nos..1 to 4 Vs.

1.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Manamadurai Sub Division, Manamadurai, Sivagangai District.

2.State through the Inspector of Police, Manamadurai Police Station, Sivagangai District.

(In Crime No.747 of 2020) ...Respondents 1 and 2/Complainants 3.Lingaraj ...3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Cr.P.C., to direct the learned Additional District and Sessions Court for the exclusive trial of PCR Act Cases, Sivagangai to consider the bail application of the petitioners on the same day in Crime No.747 of 2020 on the file of the second respondent police station. For Petitioners : Mr.S.M.A.Jinnah For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioners are arrayed as A1 to A4 in Crime No.747 of 2020, registered on the file of second respondent police for the offences under Sections 341, 294(b), 506(i) IPC and Sections 3(1) (r), 3(1)(s) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015.

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 official on instructions, would submit that the petitioners are arrayed as A1 to A4 in this case. No previous case is pending against the petitioner. He would further submit that he has no objection for allowing this petition.

https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.14742 of 2020 4.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the official respondents. Since no adverse order is going to be passed, notice to the 3rd respondent 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 Additional District and Sessions Court for the exclusive trial of PCR Act Cases, Sivagangai 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 petitioners' bail petition on the same day of surrender on its own merits. There will be a direction to the official respondents 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 (CSII) // True Copy // / /2020 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 Additional District and Sessions Judge, for the exclusive trial of PCR Act Cases, Sivagangai. 2.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Manamadurai Sub Division, Manamadurai, Sivagangai District.

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

Crl.O.P(MD)No.14742 of 2020 15.12.2020 DKS(CO) KB(21.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4