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Madras High CourtCRL OP(MD)/14844/2020allowed

Deepanraj v. The Deputy Superintendent Of Police

2020-12-16Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.14844 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.14844 of 2020 Deepanraj

...Petitioner

Vs 1.The Deputy Superintendent of Police, Illupur, Pudukottai District.

2.The Inspector of Police, Annavasal Police Station, Pudukkottai District, (In Crime No.532 of 2020) 3.Durairaj

...Respondents

PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Principal Sessions Judge (Special Judge for SC/ST Act), Pudukkottai District to consider the bail application filed by the petitioner on the same day of surrender in Crime No.532 of 2020, on the file of the 2nd respondent police.

For Petitioner : Mr.P.Ganapathi Subramanian For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor (Crl.side)

O R D E R

The petitioner is sole accused in Crime No.532 of 2020, registered on the file of Annavasal Police Station, Pudukkottai District, for the offences under Sections 294(b), 324, 506(ii) IPC r/w Sections 3(1)(r), 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, on instructions, would submit that the petitioner is the sole accused in this case and the injured was 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 3rd respondent is dispensed with.

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Crl.O.P.(MD)No.14844 of 2020 5.I am of the view that interest of justice will be served by permitting the petitioner to surrender before the learned Principal Sessions Judge (Special Judge for SC/ST Act), Pudukkottai District 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 Sessions Judge (Special Judge for SC/ST Act), Pudukkottai District 2.The Deputy Superintendent of Police, Illupur, Pudukottai District.

3.The Inspector of Police, Annavasal Police Station, Pudukkottai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.14844 of 2020 16.12.2020 KMV(CO) AP(22/12/2020) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2