Muthukumaran v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.15556 of 2020 1.Muthukumaran 2.Muthuirulan 3.Muthu 4.Suresh ... Petitioners Vs.

1. The Deputy Superintendent of Police, Samayanallur, Madurai District.

2. The Inspector of police, Alanganallur Police Station, Maduari District.

(Crime No.277 of 2018) 3.Vijayakumar ... Respondents 1 & 2/Complainants Defacto complainant PRAYER: Petition filed under Section 482 Cr.P.C., to direct the III Additional District and Sessions Judge (PCR Cases), Madurai to consider the bail application of the petitioners on the same date of their surrender in Spl.S.C.No.14 of 2020 in Crime No.277 of 2018 on the file of the III Additional District & Sessions Judge (PCR Cases), Madurai.

For Petitioner : Mr.Senthilkumar.B For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioners are the accused in Crime No.277 of 2018, registered on the file of Alanganallur Police Station, Madurai District, for the offences under Sections 147, 324 of the Indian Penal Code,1860 along with Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015.

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2.The learned counsel appearing for the petitioners reiterated the contentions set out in the original petition. 3.The learned Additional Public Prosecutor(Crl.Side) appearing for the 1st and 2nd respondents, on instructions, would submit that the petitioners are the accused Nos.1 and 2 in this case. Enquiry has been conducted and final report has also been filed before the PCR Court, Madurai in Spl.S.C.No.14 of 2020. 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 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 III Additional District and Sessions Judge (PCR Cases), Madurai 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 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 ) 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 III Additional District and Sessions Judge (PCR Cases), Madurai.

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2. The Deputy Superintendent of Police, Samayanallur, Madurai District.

3. The Inspector of police, Alanganallur Police Station, Maduari District.

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

+1cc to Mr.B.Senthilkumar, Advocate in SR.No.27138 Crl.O.P(MD)No.15556 of 2020 23.12.2020 ta AE/ (05/01/2021) 3P / 6C 3/3