Kasi v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Kasi : Petitioner/Sole Accused Vs

1. The Deputy Superintendent of Police, Thirumangalam,

2. The Inspector of Police, Sindhupatti Police Station, Sindhupatti, : 1St & 2nd Respondents/Complainants 3.Rajaram : 3rd Respondent /Victim/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the Sessions and Special Court for SC/ST (POA) Act, Madurai to accept the surrender of the petitioner/sole acused and consider the petitioner's bail application and grant bail on the date of surrender itself in Crime No.969 of 2020, on the file of 2nd respondent police.

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

O R D E R

The petitioner is the sole accused in Crime No.969 of 2020 registered on the file of Sindhupatti Police Station, Sindhupatti, Madurai District, for the alleged offences under Sections 294(b), 323, 506(i) IPC and 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act, 2015.

2.The learned counsel appearing for the petitioner reiterated the contentions set out in the original petition. 1/3

3.The learned Additional Public Prosecutor, on instructions, would submit that the petitioner is the sole accused in this case. There is no previous case pending against the petitioner. The victim sustained only simple injury. 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.

5.I am of the view that interest of justice will be served by permitting the petitioner to surrender before the learned Sessions and Special Court for SC/ST (POA) Act, Madurai, 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 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 four 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 Special Judge, Special Court for SC/ST (POA) Act, Madurai,

2. The Deputy Superintendent of Police, Thirumangalam, 2/3

3. The Inspector of Police, Sindhupatti Police Station, Sindhupatti,

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

+1 CC to M/s.THAMBI DURAI, Advocate ( SR-26517[F] dated 21/12/2020 ) 21.12.2020 KUM(CO) CS(28.12.2020) 3P 6C 3/3