Madras High CourtCRL OP(MD)/5281/2020allowed

Nagaraj v. The Deputy Superintendent Of Police

2020-05-04Honourable Mr Justice R. Pongiappan3 pages

1 CRL.O.P.(MD)NO.5281 OF 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.05.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No. 5281 of 2020

1. Nagaraj

2. Subramani

3. Chellamuthu @ Sellamuthu

4. Bhuvaneswaran

5. Sangaranarayanan

6. Manikandan

7. Vignesh

8. Vikki @ Vignesh

9. Karthik 10.Sarathi 11.Mathavan 12.Kannaki ... Petitioners/Accused Nos.3 to 14 Vs.

STATE REPRESENTED BY::

1. The Deputy Superintendent of Police, Jeeyapuram, Trichy District.

2. The Inspector of Police, Vathalai police station, Vathalai, Trichy District.

(Crime No.461 of 2020) ... Respondent Nos.1 and 2/ Complainant

3. Denial ... Respondent No.3/ Defacto Complainant 1/5

2 CRL.O.P.(MD)NO.5281 OF 2020 Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct the Principal District and Sessions Judge cum P.C.R. Court, Trichy to consider the bail application of the petitioners on the same day of their surrender before that Court in connection with Crime No.461 of 2020 on the file of the second respondent.

For Petitioners : Mr.K.Arunraj For Respondents : Mr.A.Robinson, Government Advocate(Crl. Side).

O R D E R

The petitioners are the accused in Crime No.461 of 2020 on the file of the second respondent police for the offences under Sections 147, 148, 294(b), 324 and 506(ii) of I.P.C. r/w.3(1)(r), 3 (1)(a) and 3(2)(va) of SC/ST Act 1989.

2. The petitioners are not having any previous case. The petitioners' counsel would also state that the counter case has been registered. Accused Nos.1 and 2 were arrested and they have been released on bail already.

3. Therefore, I am of the view that interest of justice will be served by issuing the direction as sought for. We are in pandemic times, and lock down has been imposed and it is still in force. Therefore, notice that is issued to the complainant may have to be dispensed with. I am dispensing with the issuance of notice, taking note of the fact that accused Nos.1 and 2 have already been granted bail. There are as many as 12 petitioners before this Court. The Court below can even consider by taking common sureties from the petitioners. This would avoid needless footfall in the Court campus. There are 12 petitioners herein. If the sureties are to be furnished, there will be 24 sureties in the Court campus. We must avoid crowd.

4. Therefore, the direction sought for is granted. The learned Principal District and Sessions Judge cum P.C.R. Court, Trichy, shall consider the petitioners' application on the same day of their surrender. The petitioners shall surrender before the Court concerned within a period of eight weeks from the date of receipt of a copy of this order. The Court below can act based on the soft copy that will be uploaded by the Registry in the official web site.

2/5

3 CRL.O.P.(MD)NO.5281 OF 2020

5. The criminal original petition stands allowed on these terms.

SD ASSISTANT REGISTRAR ( CRL SIDE ) TRUE COPY SUB ASSISTANT REGISTRAR ( CS III ) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

pmu To:

1. The Principal District and Sessions Judge cum P.C.R. Court, Trichy.

2. The Deputy Superintendent of Police, Jeeyapuram, Trichy District.

3. The Inspector of Police, Vathalai police station, Vathalai, Trichy District.

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

SDS/SKN/SAR 3/ 04/05/2020 3P 5C Crl.O.P.(MD)No.5281 of 2020 04.05.2020 3/5