Paramasivam v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU 1.Paramasivam 2.Manikandan 3.Sivakumar @ Selvakumar 4.Malliga 5.Sampoornam ..Petitioners/Accused Nos.1 to 5 Vs 1.The Deputy Superintendent of Police, Lalkudi Sub Division, Trichy District.

2.The Inspector of Police, Siruganur Police Station, Trichy District.

(Crime No.808 of 2020) ..Respondents/Complainant 3.Sankar ..Victim/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the I Additional District and Sessions Judge (Special Court for SC/ST (Prevention of Atrocities) Act Cases, Thiruchirappalli to accept the surrender of the petitioners and consider the bail applications on the date of their surrender in connection with Cr.No.808 of 2020 on the file of the 2nd Respondent Police.

For Petitioners : Mr.B.Jameel Arasu For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor (Crl.side)

O R D E R

The petitioners are arrayed as accused in Crime No.808 of 2020, registered on the file of Siruganur Police Station, Trichy District, for the offences under Sections 147, 148, 294(b), 323, 506 (i) IPC r/w 1(1)(r), 3(1)(s) SC/ST (Prevention of Atrocities) 1989. 2.The learned counsel appearing for the petitioners reiterated the contentions set out in the original petition. 1/3

3.The learned Additional Public Prosecutor, on instructions, would submit that totally there are 5 accused in this case. The petitioners are A1 to A5. There is no previous case is pending against the petitioners. 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 petitioners 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.

5.I am of the view that interest of justice will be served by permitting the petitioners to surrender before the learned I Additional District and Sessions Judge (Special Court for SC/ST (Prevention of Atrocities) Act Cases, Thiruchirappalli, within a period of four weeks from the date of receipt of a copy of this order, on notice to the defacto complainant. 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 respondents 1 and 2 not to arrest the petitioners till the expiry of the period of four weeks.

6. This Criminal Original Petition is allowed on these terms. Sd/- Assistant Registrar (CO) // 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 I Additional District and Sessions Judge (Special Court for SC/ST (Prevention of Atrocities) Act Cases, Thiruchirappalli.

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2.The Deputy Superintendent of Police, Lalkudi Sub Division, Trichy District.

3.The Inspector of Police, Siruganur Police Station, Trichy District.

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

18.12.2020 KVN(CO) KK(28.12.2020) 3 P 5C 3/3