Madhavan v. The Deputy Superintendent Of Police

Crl.O.P.(MD)No.15666 of 2020 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.15666 of 2020 Madhavan ... Petitioner/Sole Accused Vs.

1.State rep.by The Deputy Superintendant of Police, Melur Taluk, Madurai District.

2.The Inspector of Police, Madurai Police Station, Madurai City, (Crime No.2185 of 2020)

...Respondents 1&2/Complainant

3.Panchavarnam ...3rd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Cr.P.C., to direct the learned Special Judge for SC/ST (Prevention of Atrocities) Act/Additional District Court No.III for PCR Act Cases, Madurai to consider the bail application of the petitioner on the same day of his surrender in Crime No.2185 of 2020 on the file of the respondent police.

For Petitioner :

Mr.S.Sukumar For R1 & R2 :

Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The petitioner is the sole accused in Crime No.2185 of 2020, registered on the file of Melur Police Station, Madurai District, for the offences under Sections 294(b) of the Indian Penal Code,1860 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 along with Sections 3(1)(r), 3(1)(s), 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(Crl.Side) appearing for the 1st and 2nd respondents, on instructions, would submit that the petitioner is the sole accused in this case. He https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15666 of 2020 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 petitioner to surrender before the learned Special Judge for SC/ST (Prevention of Atrocities) Act/Additional District Court No.III for PCR Act 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 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-II) // True Copy // / /2021 Sub Assistant Registrar(CS) ta 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 for SC/ST (Prevention of Atrocities) Act/Additional District Court No.III for PCR Act Cases,Madurai. 2.The Deputy Superintendant of Police,Melur Taluk, Madurai District. 3.The Inspector of Police,Madurai Police Station,Madurai City, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

+1 CC to M/s S.Sukumar,in SR.No.27102.

Crl.O.P(MD)No.15666 of 2020 23.12.2020 (SS)CO AP(05/01/2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2