T.Balakrishnan v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.16148 of 2020 T.Balakrishnan ... Petitioner/Accused No.4 Vs.
1.The Deputy Superintendent of Police, Valliyur Range, 2.The Inspector of Police, Koodangulam Police Station, (Crime No.363 of 2020) ...1st & 2nd Respondent/Complainant 3.Kathiravan ...3rd Respondent/Defendent(Victim) 4.Murugan 5.Murugesan 6.Subharani ...4 to 6 Respondent/Victim PRAYER: Petition filed under Section 482 Cr.P.C., to direct the learned Second Additional District and Sessions Judge-cum- Special Court for trial of SC/ST (PoA) Act Cases, Tirunelveli, to accept the surrender of the petitioner/Accused and consider the petitioner's bail application on the date of surrender itself in Crime No.363 of 2020 on the file of second respondent police. For Petitioner : Mr.K.Sivabalan For R1 & R2 : Mr.R.Seenivasan Government Advocate
ORDER
The petitioner is the fourth accused in Crime No.363 of 2020, registered on the file of second respondent police, for the offences under Sections 147, 148, 294(b), 323, 324, 427 and 506(ii) of the Indian Penal Code, 1860 along with Section 4 of Prohibition of Harassment of Women Act, 2002, Section 3 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992, and Sections 3, 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. He would further submit that this Court has granted the relief to the co-accused viz. Accused Nos.3, 5, 6, 9, 10, 22, 18, 12 and 13 in Crl.O.P.(MD) No.14889 of 2020 on 16.12.2020 and the direction issued therein has 1/3
been complied with by them.
3.The learned Government Advocate appearing for the 1st and 2nd respondents, on instructions, would submit that totally there are 23 accused in this case and the petitioner is the fourth accused. The injured person 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 Government Advocate appearing for the respondents 1 & 2. Since no adverse order is going to be passed, notice to the respondents 3 to 6 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 Second Additional District and Sessions Judge-cum- Special Court for trial of SC/ST (PoA) Act Cases, Tirunelveli, 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, after complying with Section 15A(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act 2015. 6.This Criminal Original Petition is allowed on these terms. Sd/- Vacation officer(CS-II) // 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 Second Additional District and Sessions Judge -cum- Special Court for trial of SC/ST (PoA) Act Cases, Tirunelveli.
2.The Deputy Superintendent of Police, Valliyur Range, 2/3
3.The Inspector of Police, Koodangulam Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P(MD)No.16148 of 2020 30.12.2020 NS(CO) KB(05.01.2021) 3P 5C 3/3